Gujarat High Court
Manishaben Bhaveshbhai Bhalala vs State Of Gujarat on 16 January, 2020
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/22/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 22 of 2020
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MANISHABEN BHAVESHBHAI BHALALA
Versus
STATE OF GUJARAT
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Appearance:
S M KIKANI(7596) for the Petitioner(s) No. 1,2
MR KM ANTANI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No.1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 16/01/2020
ORAL ORDER
1. This petition is filed under Article 226 of the Constitution of India seeking direction to make necessary correction in the Birth Certificate of the petitioners daughter - Durva for mentioning the correct name of the petitioner No.2 in the column of 'father's name' in the Birth Certificate of the daughter.
2. It is the case of the petitioners that earlier the petitioner No.1 had married one - Dineshbhai Dahyabhai Domadiya on 05.05.2011 and out of the wedlock, a girl child 'Durva' was born and pursuant to her birth, the entry was made under the Registration of Birth and Death Act. However, on account of the matrimonial disputes with her husband, the petitioner Page 1 of 5 Downloaded on : Sun Feb 16 08:22:07 IST 2020 C/SCA/22/2020 ORDER No.1 separated from her husband, the marriage was dissolved and custody of the minor child remained with the petitioner No.1. It is submitted that the petitioner No.1 remarried with petitioner No.2, which was duly registered and thereafter, the petitioner No.2 agreed to undertake all the responsibilities of the minor. The minor child was adopted with the consent of family members of both the petitioners and pursuant to the said adoption, a deed of adoption was executed between the parties which came to be registered and since then the minor child has been residing with the petitioners.
3. It is submitted that the petitioner/s also filed an application before the Family Court, Surat u/s. 9 of the Guardians and Wards Act for declaration of the petitioner No.2 as legal guardian of the minor child and after hearing all the concerned including the ex-husband of the petitioner No.1, the Family Court vide order dated 19.04.2019 allowed the application of the petitioner No.2 and declared him as guardian of the minor child. It is submitted that the petitioners had made a request to the respondent No.2 to replace / mention the name of the respondent No.2 as father in place of the name of the earlier husband of the petitioner no.1 in the column of 'father's name' in the certificate issued by the respondent no.2 herein.
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4. It is submitted that the variation in the father's name of the daughter would create difficulties in future while processing for passport, visa and other legal formalities. It is also submitted that the petitioners have made a number of oral requests to make the above correction in the Birth Certificate issued by the respondent No.2, but the same were never replied to and therefore, the petitioners made a written representation on 05.09.2019 annexing all the relevant documents including the adoption deed as well as the order of the Family Court. It is submitted that without considering the request of the petitioners and without taking into consideration the documents annexed with the representation dated 05.09.2019, on 11.09.2019, the petitioners received the impugned communication where the application for correction as stated above was rejected by the respondent No.2 citing a Government Resolution dated 18.02.2016 and the petitioners have been asked to produce the Adoption Decree from the concerned Court with the registered Adoption Deed. Further, when the petitioners visited the office of the respondent Corporation and drew the attention to the various documents, the petitioners were asked to get the order from the Court for correction as sought for in this petition. It is also submitted that as per the Circular dated 15.05.2015 and 31.01.2018 issued by the Page 3 of 5 Downloaded on : Sun Feb 16 08:22:07 IST 2020 C/SCA/22/2020 ORDER Ministry of Home Affairs, Government of India, only the registered Adoption Deed is mandatory and the decree of adoption from the concerned Court has been discontinued. Even as per the provisions of Hindu Adoption and Maintenance Act, only the registered adoption is mandatory.
5. Learned Advocate draws attention of the Court to the decision in the case of Tushar Kanaiyalal Vyas through POA Mr. Kanaiyalal Nandlal Vyas v. State of Gujarat and Others in Special Civil Application No.7864/2016 dated 15.02.2017.
6. In identical facts situation this Court in the judgment in the case of Nitaben Nareshbhai Patel v. State of Gujarat reported in 2008 (1) GLR 884 and an unreported judgment in the case of Sachin Natwarlal Patel v. Registrar of Births and Deaths cum Talati cum Mantri in Special Civil Application No.9564/2018 dated 07.01.2019 has issued directions. Considering the ratio of the aforesaid judgments, it is clear that the Registering Authority is within its power under Section 15 of the Registration of Births and Death Act, 1969 and Rule 11 of the Gujarat Registration of Birth and Death Act, 2004, to correct the error as prayed for. Page 4 of 5 Downloaded on : Sun Feb 16 08:22:07 IST 2020 C/SCA/22/2020 ORDER
7. In view of the aforesaid legal position, it would be appropriate to direct the respondent No.2 to re-consider the application of the petitioners for mentioning the name of the petitioner No.2 (Bhavesh Bavchandbhai Bhalala) in the column of 'father's name' in the Birth Certificate of the minor daughter - 'Durva' and as mentioned in this petition, within a period of four weeks after receipt of writ of the order of this Court, after affording an opportunity of hearing to the petitioners.
8. With the aforesaid direction, this petition stands disposed of. Notice is discharged. Direct Service is permitted.
Sd/-
(A.Y. KOGJE, J) CAROLINE Page 5 of 5 Downloaded on : Sun Feb 16 08:22:07 IST 2020