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2008 Supreme(Guj) 38

C.K.BUCH
Soham Sanatbhai Shukla – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Vipul S. Modi, for the Petitioner No. 1,
Mr. Vinay Pandya, AGP, for the Respondent No. 1,
Mr. Dhaval G Nanavati, for the Respondent Nos.: 2, 3 & 4.

Judgment

C.K. Buch, J.—Rule. Mr. Vinay Pandya, learned AGP and Mr. D.G. Nanavati, learned Counsel waive service of rule on behalf of Respondent Nos. 1 and 2 to 4 respectively.

2. In this petition, the petitioner has prayed for appropriate writ, order or direction to be issued to Respondent No. 3 authority or Vadodara Municipal Corporation to correct the name in the Birth Certificate of adoptive one year old baby from “Surbhi” to “Rene”.

3. It is contended by the Petitioner that the child was born at the Home for women protection. It is, therefore, obvious that, either the name of the mother or father would not be intimated to the Corporation about the birth of the child. The Administrators managing the affairs of the protection home tentatively arranged to enter her name as “Surbhi” in the Birth Certificate of the Vadodara Municipal Corporation on 09.10.2006. There is no dispute as to the date of birth, i.e. 26.09.2006, and accordingly the Birth Certificate was issued by respondent Corporation. Since the petitioner was not having any child, the petitioner and his wife, Bhargaviben showed their willingness to adopt one year old baby “Surbhi” from State Home for Women, Vadodara. After





















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