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2000 Supreme(Guj) 79

C.K.THAKKER, D.M.DHARMADHIKARI
MULLA FAIZAL – Appellant
Versus
STATE – Respondent


Advocates Appeared: PUJARI LAXMAN, SEJAL MANDALIA, UTPAL PANCHAL

D. M. DHARMADHIKARI, J.

( 1 ) THE facts of this case are extraordinary, calling for grant of extraordinary relief and directions in favour of the appellant. The appellant claims change of entry regarding his sex in the Register of Birth maintained under the provisions of Registration of Births and Deaths Act, 1969 The appellants application for change of entry in the Register of Births regarding his sex having not been granted by the concerned authority, respondents 3, District Registrar (Births and Deaths) and Chief District Health Officer, appellant approached this Court by filing a Special Civil Application, which has been dismissed by the learned Single Judge summarily by order dated 17-2-1999 on the ground that the appropriate remedy for the appellant is filing of a civil suit for declaration in the competent Civil Court.

( 2 ) THE appellant was born on 28-4-1976 at Umarwada in a rural area of ankleshwar Taluka. According to the appellant, when he was born, the parents of the appellant could not identify his sex as male or female as the external genitals were ambiguous. Since the appellants private parts as a new born child looked more like that of a female, the parents of the












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