Bombay High Court
Priti S. Jaiswal vs State Of Maharashtra And 2 Ors on 26 February, 2020
Author: R.I. Chagla
Bench: S.J. Kathawalla, R.I. Chagla
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.32 OF 2020
Priti S. Jaiswal ... Petitioner
Versus
State of Maharashtra & Ors. ... Respondents
.........
Mr. Sanket Lad i/b. Mr. Vijendra Kumar Rai for Petitioner.
Ms. Uma Palsuledesai, AGP for Respondent - State.
Ms. Sheetal Metkari, for Respondent - MCGM.
Dr. Charulata H. Jakhia, Medical Officer of Health P/south Ward.
.........
CORAM : S.J. KATHAWALLA AND
R.I. CHAGLA, JJ.
DATED : 26TH FEBRUARY, 2020. P.C. :-
1. The above Writ Petition is filed by the Petitioner seeking following reliefs:-
a) this Hon'ble Court be pleased to direct the Respondent Nos.2 and 3 to issue a fresh birth certificate of petitioner's son by the name of "RUDRANSH VIJENDRA RAI" at the place of "ANSH VIJENDRA RAI" by inserting the word "RUDR" in their record, this Petitioner is read to pay the requisite fee for the same;
b) this Hon'ble Court be pleased to direct the Respondent Nos.2 and 3 for making, the requested correction within week time from the date of order passed, as passport and visa application will be followed by, once the name will be change in Respondent Nos.2 and 3 record;
c) ad-interim and interim relief in terms of prayer a) and b) hereinabove be granted in favour of Petitioner above named;
d) the cost of this Petition provided for;
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e) Such other reliefs, deems just and necessary in the facts and circumstances above and in the interest of justice this Hon'ble Court deem fit and proper;
2. The Petitioner - Priti S. Jaiswal is an Advocate by profession. On 5 th February, 2016, she got married to Mr. Vijendra Kumar Rai, who is also an Advocate by profession. The Petitioner has continued to write her father's name as her middle name. A copy of the Petitioner's Pan Card and Aadhar Card and her husband's Aadhar card are annexed and marked Exhibit "A" to the Petition.
3. On 13th November, 2018, the Petitioner delivered a baby boy at Pooja Hospital at Goregaon (West), Mumbai. The discharge card of the said hospital is annexed and marked Exhibit "B" to the Petition. According to the Petitioner, the Petitioner approached BMC, P/South Ward situated at Goregaon (West) for the birth certificate of her child and found that the name of the child recorded in the birth record is "Ansh Vijendra Rai" though the child is named - "Rudransh Vijendra Rai".
4. According to the Petitioner, it appears that the hospital/MCGM in the declaration papers submitted by them missed writing "Rudra" and recorded the name of the Petitioner's son as "Ansh". The Petitioner, therefore, made a request to the Corporation P/South Ward to correct the error and also approached Pooja Hospital to assist her in getting the corrections carried out in the birth certificate. However, the Corporation did not respond to the said application.
5. According to the Petitioner, she has showed the name of the child as "Rudransh Vijendra Rai" in all the records including the Polio card which is annexed ::: Uploaded on - 29/02/2020 ::: Downloaded on - 12/06/2020 00:06:54 ::: jsn 3 / 4 912-wp-32-2020.doc and marked Exhibit "E" to the Petition. The Petitioner has also produced before this Court the copies of her passport and the passport of her husband, in laws and her three years old daughter to enable the Court to ascertain the genuineness of her application. The Petitioner has also pointed out that an Affidavit was also submitted to the Corporation by her husband seeking corrections in the birth certificate of their child. However, the Corporation refused to act on the said Affidavit. The Petitioner is, therefore, constrained to file the present Writ Petition seeking the aforesaid reliefs.
5. We have perused the documents produced before us by the Petitioner. We have also considered the averments made in the Petition and we are satisfied that the child of the Petitioner and her husband is named as "Rudransh Vijendra Rai" and not "Ansh Vijendra Rai" as shown in the birth certificate. We are convinced that the name 'Ansh' is shown in the birth certificate instead of 'Rudransh' due to error on the part of the hospital or MCGM. We are also satisfied that there is no fraud or collusion involved in the matter.
6. We, therefore, allow the above Writ Petition and pass the following order:-
i) Respondent Nos.2 and 3 i.e. the Head of MCGM Health Department and the Sub-Registrar (Birth and Death), MCGM -
P/South Ward, Goregaon (West), Mumbai - 400 104 are directed to carry out necessary corrections in the Register of Birth and Deaths by showing the name of the son of the Petitioner as "Rudransh Vijendra Rai" instead of "Ansh Vijendra Rai" and ::: Uploaded on - 29/02/2020 ::: Downloaded on - 12/06/2020 00:06:54 ::: jsn 4 / 4 912-wp-32-2020.doc issue a fresh birth certificate to the Petitioner showing the name of her son as "Rudransh Vijendra Rai"within a period of two weeks from today.
ii) The Writ Petition is accordingly disposed of.
( R.I. CHAGLA, J. ) ( S.J. KATHAWALLA, J. )
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