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2023 Supreme(Guj) 285

BIREN VAISHNAV
Khojema Saifudin Dodiya – Appellant
Versus
Registrar Of Birth And Death/Chief Officer, Dhoraji Nagarpalika – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. M. Kikani.
For the Respondent: Mr. Deep D. Vyas.

JUDGMENT :

1. All these petitions under Article 226 of the Constitution of India are filed raising a question whether the competent authorities can refuse to register a request for change in name of the wards of the respective petitioners on the ground that unless there are orders of a competent court confirming the adoption, mere registered adoption deed is cnot enough for the purposes of recording change in the name in the birth certificates.

2. Facts of each Special Civil Application are set out hereunder:

Special Civil Application No.22357 of 2022

3. The Petitioner No.1 Alpaben was earlier married with one Manishbhai Sankharva. Out of the said wedlock a son “Jems” was born. The Birth was registered. Since matrimonial disputes cropped up, the Petitioner No.1 entered into a divorce on 18.09.2021 and dissolved the marriage.

4. The Petitioner no.1 then married the Petitioner No.2 and then adopted the son “Jems” with the consent of the families and the adoption was finalized by a deed of adoption registered on 06.09.2022.

5. Both the Petitioners then made a request to the respondent authorities to replace the name of the Petitioner No.2 in the “father’s name” in place of the earlier

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