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2022 Supreme(Guj) 1368

BIREN VAISHNAV
Anilkumar Jaysukhbhai Suvagiya – Appellant
Versus
Chief Officer, Amreli Municipality – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mrunal R Dholaria, Mr. Bhaumik Dholariya
For the Respondent: Mr. Vasant R Barot

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the application of the petitioners praying that the birth register and the birth certificate should incorporate the father’s name of their son ‘Meer’ as ‘Anilkumar Jaysukhbhai Suvagiya’ in place of ‘Chetanbhai Bhikhabhai Vaghasiya’ was turned down by an order dated 20.07.2022 passed by the respondent – Amreli Municipality on the ground that in accordance with the circular dated 15.05.2015, only a division deed was furnished and not the order of the Competent Court.

2. Mr.Bhaumik Dholariya learned advocate for the petitioner would rely on an order passed by this Court in Special Civil Application No.12605 of 2021. The relevant paragraphs thereof read as under:.

    “8. Heard Mr. Kikani, the learned counsel appearing for the writ-applicants. The writ-applicant no.1 is the natural mother of minor daughter - ‘Maitri’, the writ-applicant no.2 is the adoptive father of minor daughter- ‘Maitri’ and the writ-applicants are seeking name of the writ-applicant no.2 as father in the column no.2 in the birth certificate of daughter - ‘Maitri’.

9. At this stage, it is apposite to refer to the order passed by the coordinat

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