Case Note & Summary
The case involved a petition filed by a mother seeking to amend her minor daughter's birth certificate to replace the father's name with her own following a series of marital changes. The petitioner, married to Rathod Brijeshkumar Surendrakumar on 01.05.2016, had a daughter named Drashti born on 04.04.2019, with the birth registered on 18.04.2019. Due to matrimonial disputes, the marriage was dissolved on 06.03.2023, with custody granted to the petitioner. The petitioner remarried Parmar Girishbhai Dineshbhai on 27.08.2023, leading to the substitution of his name in the birth certificate. However, this marriage was also dissolved on 23.07.2024, and the petitioner retained full responsibility for the minor. On 21.08.2024, she applied to correct the birth certificate, but no action was taken by the authorities. The petitioner argued that under Section 15 of the Registration of Births and Deaths Act, the authorities had the power to make such corrections, as supported by a precedent case. The court, upon hearing the arguments, decided that the respondent authority must consider the petitioner's application and issue a reasoned order within six weeks. The petition was disposed of with the rule made absolute to this extent.
Headnote
A) Constitutional Law - Right to Amend Birth Certificate - Authority's Duty to Correct Entries - Constitution of India, Articles 14, 19, 226 and Registration of Births and Deaths Act, 1969, Section 15 - The petitioner sought correction of her daughter's birth certificate to reflect her name instead of the father's name following a divorce. The court directed the respondent authority to consider the petitioner's application and pass a reasoned order within six weeks, emphasizing the need for procedural fairness in such matters. Held that the authority must act in accordance with law (Paras 3-6).
Issue of Consideration
Whether the respondent authorities are obligated to correct the name in the birth certificate as per the petitioner's request.
Final Decision
The court directed the respondent authority to consider the petitioner's application for correction of the birth certificate and to issue a reasoned order within six weeks.
Law Points
- Right to amend birth certificate
- powers of registration authorities
- procedural fairness
- natural guardianship
