Case Note & Summary
The petitioner, Ramilaben Pradipbhai Vankar, filed a writ petition under Article 226 of the Constitution of India read with the Registration of Births and Deaths Act, 1969, seeking a direction to the respondents to register the death entry of her deceased husband, Pradipbhai Dudhabhai Vankar, and issue a death certificate. The husband went missing on 22.04.2024 near village Moti Kantadi and was found dead in the Narmada canal on 24.04.2024 at Sanadra, Tal. Galteshwar, Dist. Kheda. Despite efforts by the NDRF, the body could not be recovered due to heavy water flow. A missing person entry was registered on 23.04.2024, and the police issued a certificate on 15.07.2024 confirming the death. The petitioner applied to the Taluka Development Officer, Godhra, but was redirected to the respondent No.3 (Taluka Development Officer, Galteshwar) due to jurisdictional issues. The respondents failed to act on the application, leading to the petition. The court considered the legal issue of whether a death certificate can be issued without recovery of the body. The petitioner argued that the police certificate and other evidence were sufficient, while the respondents opposed, citing lack of body. The court held that the police certificate, along with the missing person report and other documents, constituted credible evidence of death. Relying on the provisions of the Registration of Births and Deaths Act, 1969, the court directed the respondents to register the death entry and issue a death certificate within four weeks from the date of receipt of the order. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of Constitution of India - Registration of Death - The petitioner sought a writ of mandamus to compel the respondents to register the death entry of her husband who drowned in a canal and whose body could not be recovered. The court held that the police certificate dated 15.07.2024, along with other evidence, was sufficient to establish the death, and the respondents were directed to register the death entry and issue a death certificate within four weeks. (Paras 1-7)
B) Registration of Births and Deaths Act, 1969 - Registration of Death - Section 8 - Duty of Registrar - The court interpreted Section 8 of the Act, holding that the Registrar is duty-bound to register a death upon receipt of credible information, including a police certificate, even if the dead body is not recovered. The court directed the respondents to act on the police certificate and other documents submitted by the petitioner. (Paras 5-7)
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the respondents to register the death entry and issue a death certificate for her deceased husband, despite the dead body not being recovered, based on the police certificate and other evidence.
Final Decision
The petition is allowed. The respondents are directed to register the death entry of the deceased husband of the petitioner, namely Pradipbhai Dudhabhai Vankar, and issue a death certificate within a period of four weeks from the date of receipt of the order. Rule is made absolute to the aforesaid extent. No order as to costs.
Law Points
- Writ of mandamus
- Registration of death
- Absence of dead body
- Article 226 of Constitution of India
- Registration of Births and Deaths Act
- 1969
- Police certificate as sufficient evidence
Case Details
2026 LawText (GUJ) (03) 942
R/Special Civil Application No. 2387 of 2025
Mr. Pradip J. Patel for the Petitioner, Mr. Nikunj Kanara, Assistant Government Pleader for Respondent Nos.1 and 4, Ms. Sejal K. Mandavia for Respondent Nos.2 and 3
Ramilaben Pradipbhai Vankar Wd/o. Pradipbhai Dudhabhai Vankar
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India read with the Registration of Births and Deaths Act, 1969, seeking a direction to register death entry and issue death certificate.
Remedy Sought
Petitioner sought a writ of mandamus directing Respondent Nos.2 and 3 to register the death entry of her deceased husband and issue a death certificate.
Filing Reason
The petitioner's husband died by drowning in a canal, but his body could not be recovered. The respondents refused to register the death entry citing lack of body, despite a police certificate confirming death.
Previous Decisions
The petitioner had applied to the Taluka Development Officer, Godhra, which was returned citing jurisdiction of Galteshwar Taluka. A fresh application was made to Respondent No.3 on 03.09.2024, and a representation to Respondent No.2 on 20.09.2024, but no action was taken.
Issues
Whether the petitioner is entitled to a writ of mandamus directing registration of death entry and issuance of death certificate despite non-recovery of the dead body, based on a police certificate and other evidence.
Submissions/Arguments
Petitioner submitted that the police certificate dated 15.07.2024, along with the missing person entry and other documents, constituted sufficient evidence of death, and the respondents were duty-bound to register the death under the Registration of Births and Deaths Act, 1969.
Respondents opposed the petition, arguing that without recovery of the dead body, the death could not be conclusively established, and registration of death would be premature.
Ratio Decidendi
The court held that a police certificate, along with other credible evidence such as a missing person report, is sufficient to establish death for the purpose of registration under the Registration of Births and Deaths Act, 1969, even if the dead body is not recovered. The Registrar is duty-bound to register the death upon receipt of such evidence, and a writ of mandamus can be issued under Article 226 to compel performance of this statutory duty.
Judgment Excerpts
By way of present petition under Article 226 of the Constitution of India read with the provisions of the Registration of Births and Deaths Act, 1969, petitioner has prayed for the following reliefs...
The petitioner had requested to the Godhra Town A Division Police Station for a report of death by producing evidences on 26.06.2024. That, after verifying the documents and evidences, police inspector, Godhra Town A Division had given certificate on 15.07.2024 for registering the death certificate of deceased husband of the petitioner.
In view of the aforesaid facts and circumstances, the present petition succeeds and is accordingly allowed.
Procedural History
The petitioner's husband went missing on 22.04.2024, and his dead body was found on 24.04.2024 but could not be recovered. A missing person entry was registered on 23.04.2024. The police issued a certificate on 15.07.2024. The petitioner applied to the Taluka Development Officer, Godhra, which was returned due to jurisdiction. A fresh application was made to Respondent No.3 on 03.09.2024, and a representation to Respondent No.2 on 20.09.2024, but no action was taken. The petitioner then filed the present writ petition on 23.03.2026.
Acts & Sections
- Constitution of India: Article 226
- Registration of Births and Deaths Act, 1969: Section 8
