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IN THE HIGH COURT AT CALCUTTA [CIRCUIT BENCH AT PORT BLAIR]
BISWAROOP CHOWDHURY
Nisha Rani – Appellant
Versus
Registrar of Births and Deaths – Respondent
Judgment :
Biswaroop Chowdhury, J.
This Writ Application is directed against the inaction of respondent No.1 in not disposing the representation made by the writ petitioner to make necessary correction in the Death Certificate of Alok Ram, the husband of the petitioner since deceased.
It is the contention of the petitioner that the petitioner is the legally wedded wife of Shri Alok Ram being married on 19.02.2018 which was duly registered before the Marriage Officer (ADM), South Andaman on 21.11.2019. It is further contended by the petitioner that after her marriage the relationship between the petitioner and her in-laws became strain as a result the petitioner was compelled to file a case under Domestic Violence Act being Misc. Case No. 100 of 2021 before the Court of Judicial Magistrate. It is also contended that during the pendency of the above case, the husband of the petitioner died leaving behind the petitioner and his mother as a surviving legal heir. It is contended by the petitioner that after the death of the petitioner’s husband, the petitioner approached the Respondent No.1 herein for receiving the Death Certificate of her deceased husband, wherefrom the petitioner came to
The Registration of Births and Deaths Act affirms the legal spouse's precedence over claims by others regarding official documentation of marriage.
The court's decision emphasized the importance of considering representations on merits and in accordance with the law, and granting the petitioner a right of personal hearing.
Disputed marital status necessitates civil court resolution rather than administrative proceedings.
The court clarified a legally wedded wife holds superior claim over marital status, emphasized by the requirement for authentic marriage documentation.
Court directs authorities to consider representation for correcting erroneous spouse name in death certificate within stipulated time.
Writ court declines death certificate correction amid contradictory evidence; directs civil court remedy.
Belated rectification requests for death certificates after significant delay not entertained by court.
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