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2018 Supreme(Bom) 393

A.S.OKA, RIYAZ I.CHAGLA
ABC – Appellant
Versus
Bombay Municipal Corporation of Greater Mumbai, through its Municipal Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Uday P. Warunjikar a/w Akash Deshmukh
For the Respondents: S.S. Pakale a/w Shital Mane, S.D. Dhuri, Jayesh Gawde

JUDGMENT :

A.S. Oka, J.

1. Yesterday, the parties were put to notice that the petition will be heard finally at the stage of admission.

2. The Petitioner, who claims to be unmarried, delivered a female child on 7th November 2014. The Petitioner in this petition under Article 226 of the Constitution of India is praying for issuing a writ of mandamus directing the first Respondent – Mumbai Municipal Corporation to issue a birth certificate of the child without incorporating the name of the natural father of the child. This prayer is based on the decision of the Apex Court dated 6th July, 2015 in ABC Vs. The State (NCT of Delhi) (Special Leave Petition (Civil) No.28367 of 2011). We may note that under the last order dated 13th February 2018, we had directed that the names of the Petitioner and the added Respondent shall be masked in the orders of this Court and they shall be described as ABC and XYZ respectively.

3. According to the averments made in the petition, on 20th August 2015, the Advocate for the Petitioner served a notice to the Commissioner of the First Respondent-Mumbai Municipal Corporation. Along with the notice, he forwarded a copy of the decision of the Apex Court in the c





























































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