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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Akshay Kumar Shahare - Appellant
Versus
New Delhi Municipal Council - Respondent
W.P.(C) 3370 of 2021 & CM Appl. 10248 of 2021
Decided On : 20-01-2022
| Table of Content |
|---|
| 1. correction of erroneous death certificate details (Para 2 , 3 , 4 , 5 , 6) |
| 2. verification of service record as evidence (Para 7 , 8) |
| 3. direction for issuance of corrected death certificate (Para 9 , 10 , 11) |
JUDGMENT
Sanjeev Sachdeva, J. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondent to rectify the death certificate dated 11.11.2019 whereby the name of the wife of the adoptive father of the petitioner has been mentioned `Mina'.
3. It is submitted by learned counsel for the petitioner that Mina is biological mother of the petitioner but she is not the wife of the adoptive father - Mr. Ashok Kumar Shahare.
4. It is submitted that petitioner was adopted by Mr. Ashok Kumar Shahare from Mr. Prabhakar Shahare and Mina Shahare, brother and sister-in-law of the adoptive father of the petitioner.
5. Affidavit has also been filed of Ms. Mina Shahare categorically stating that she is not the wife of Mr. Ashok Kumar Shahare, however, her name has inadvertently crept in on account of erroneous entry made by the Primus Super Speciality Hospital, Chankaya Puri, Delhi.
6. Primus Super Speciality Hospital has also issued a letter to the Registrar (Births-Deaths) for correction of the name in the death certificate of Mr. Ashok Kumar Shahare.
7. Learned counsel Mr. Anurag Ahluwalia, Advocate appearing for Ministry of Defence has filed part of the service record of Mr. Ashok Kumar Shahare. Copy of the same has been filed over e-mail of the Court Master. Same is taken on record.
8. Perusal of the service record of Mr. Ashok Kumar Shahare does not show that Mina Shahare was his wife. Even the CGHS Card applied for and issued to him contains only his name and the names of his son and daughter.
9. In view of the above, petition is disposed of with a direction to the respondent to delete the name `Mina' in the clause: Name of Husband/wife, from the death certificate of Mr. Ashok Kumar Shahare. Fresh death certificate be issued expeditiously preferably within a period of one week from today.
10. Petition is disposed of in the above terms.
11. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
Accurate documentation of familial relationships in official records is essential and can be rectified through verified evidence.
The court clarified a legally wedded wife holds superior claim over marital status, emphasized by the requirement for authentic marriage documentation.
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.
The Registration of Births and Deaths Act affirms the legal spouse's precedence over claims by others regarding official documentation of marriage.
The main legal point established is that the Registrar has the authority to correct birth entries under the Registration of Births and Deaths Act, 1969, and compliance with adoption provisions for re....
Writ court declines death certificate correction amid contradictory evidence; directs civil court remedy.
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