Case Note & Summary
The petitioner, Rizvan Ajitbhai Ajmeri, filed two Special Civil Applications under Article 226 of the Constitution of India and the Births and Deaths Registrations Act, 1969, seeking a direction to the respondent authorities to change the name of the father in the column of father in the birth certificates of his minor children from 'Salmanbhai Shaikh' to 'Rizvan Ajmeri' and to issue fresh/amended birth certificates. The petitioner married Sakerabanu d/o Sabirhusen Julaya, and they have three children: an elder son born on 29.09.2016, a second daughter born on 25.01.2018, and a younger daughter born on 26.12.2023. Birth certificates were issued by respondent No.2, but in these certificates, the father's name was incorrectly mentioned as 'Salmanbhai Shikh' instead of 'Rizvan Ajmeri'. The petitioner made an application for correction on 22.04.2024, but it was rejected by the respondent authorities. Aggrieved by the inaction, the petitioner approached the High Court. The court heard Ms. Ratna Vora for the petitioner, Mr. Angesh Panchal, Assistant Government Pleader for respondent No.1, and Mr. Kushal Desai for respondent No.2. The court observed that the petitioner is the father of the children and the entry of father's name was erroneous. The court held that the petitioner is entitled to the correction and directed respondent No.2 to carry out the necessary correction in the birth certificates and issue fresh/amended birth certificates within four weeks from the date of receipt of the order. The petitions were allowed accordingly.
Headnote
A) Birth Registration - Correction of Entry - Father's Name - Births and Deaths Registrations Act, 1969, Section 15 - Petitioner sought correction of father's name in birth certificates of his minor children from 'Salmanbhai Shaikh' to 'Rizvan Ajmeri' - Authorities rejected the application - Court held that the petitioner is entitled to correction as the entry was erroneous - Directed respondent No.2 to carry out necessary correction and issue fresh birth certificates within four weeks (Paras 1-9).
Issue of Consideration
Whether the respondent-authorities were justified in rejecting the petitioner's application for correction of the father's name in the birth certificates of his minor children from 'Salmanbhai Shaikh' to 'Rizvan Ajmeri'.
Final Decision
The petitions are allowed. Respondent No.2 is directed to carry out necessary correction in the birth certificates of the petitioner's minor children by changing the name of father from 'Salmanbhai Shaikh' to 'Rizvan Ajmeri' and issue fresh/amended birth certificates within four weeks from the date of receipt of the order. Rule is made absolute.
Law Points
- Correction of birth certificate entries
- Father's name correction
- Births and Deaths Registrations Act
- 1969
- Article 226 of Constitution of India
