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2022 Supreme(Guj) 608

A. S. SUPEHIA
Chhayaben @ Hetalben Atulbhai Asodariya – Appellant
Versus
Registrar Of Birth And Death/Chief Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.M. KIKANI
For the Respondent: MR KETAN A DAVE

JUDGMENT :

1. By way of the present petition under Article 226 of the Constitution of India, the petitioners, being guardians of their minor son 'Devam', are seeking a direction upon the respondent authority, directing it to amend and/or correct or mention the name of petitioner no.2 in the column of "father name" in the Birth Certificate of their son, which is issued by the respondent.

2. The short facts giving rise to filing of the present petition, stated in nutshell, are as follows.

2.1 Petitioner No.1 earlier had married with one Shaileshbhai Vallabhbhai Jadvani and out of wedlock of petitioner no.1 with the said Shailesbhai, a son 'Devam' was born on 13.06.2012. Pursuant to that, on 20.06.2012, his birth was registered with the respondent authority at serial No.665 in the Register, which is maintained by the respondent authority under the Registration of Births and Deaths Act, 1969 (for short "the Registration Act").

2.2 Since matrimonial disputes cropped-up between the petitioner no.1 and her husband, they decided to get separated and, therefore, they had executed a Deed of Divorce on 06.04.2016 as per their prevailing customs and thereby marriage of petitioner no.1 with her hus

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