The court affirmed the necessity to update a birth certificate post-adoption to reflect the legal name, emphasizing the authority's power to correct such records under the Registration of Births and Deaths Act.

ORDER :

(ANIRUDDHA P. MAYEE,  J.)

1. Rule returnable forthwith. Mr. Mehul Sharad Shah, learned advocate waives service of notice of Rule for respondent.

2. The present writ petition is filed praying for the following reliefs:-

“9(A) Your Lordships may be pleased to admit and allow this petition;

(B) Your Lordships may be pleased to issue appropriate writ or order or direction to the Respondent authority to change his father’s name from “Vedang Mehulkumar Sheth” (biological father) to “Raval Vedang Jitendrakumar” (legally adopted father) in his birth certificate having its registration No.208/1997 and issue fresh certificate;

(C) Grant such other and further relief(s) as deemed just and proper by this Hon’ble Court in the interest of justice;”

3. It is submitted by the learned counsel for the petitioner that the mother of the petitioner got married with one Mr. Mehulkumar Kiritbhai Sheth as per Hindu rites and rituals in presence of family and friends at Limodra on 16.02.1996. That during their marriage life, the petitioner was born at Yogeshwar Hospital in Jadeshwar, Ahmedabad on 18.10.1997. That thereafter, the petitioner’s mother and father got divorced on 16.12.2011. Thereafter, the petitioner’s mother remarried to his step father Mr. Jitendrakumar Raval as per Hindu rites and rituals in presence of family and friends on 04.01.2011. That thereafter, the petitioner was staying with his mother and step father. He submits that in petitioner’s birth certificate, his name is shown as “Vedang Mehulkumar Sheth” whereas in rest of the documents his name is shown as “Raval Vedang Jitendrakumar”.

In view of above, learned counsel for the petitioner submits that the name of the petitioner be directed to be changed in the birth certificate having its registration No.208/1997 as “Raval Vedang Jitendrakumar” instead of “Vedang Mehulkumar Sheth”.

4. Mr. Mehul Sharad Shah, learned advocate for the sole respondent submits that in view of Section 15 of Registration of Births and Deaths Act, 1969 and Rule 11 of Gujarat Registration of Births and Deaths Rules, 2004, the authority has power to correct the mistakes.

5. Heard the learned counsels for the parties and perused the documents on record.

6. It is not disputed that the Birth Certificate dated 16.12.2013 issued by the Zadeshwar Gram Panchayat records the name of the petitioner as Vedang Mehulkumar Sheth and date of birth as 18.10.1997. However, it is also not in dispute that the parents of the petitioner got divorce and his mother remarried to Mr. Jitendrakumar Raval on 04.01.2011 and thereafter, the petitioner is legally adopted by his step father. The petitioner has got his name changed and the same has also been published in the Gujarat Government Gazette dated 07.02.2019. The change of name has also been advertised in the news paper. Accordingly, in Aadhar Card, PAN Card and other necessary documents, the petitioner’s name is changed. Therefore, except in the birth certificate, name of the petitioner in all other documents is shown as Raval Vedang Jitendrakumar.

7. Further, the Birth Certificate as produced by the petitioner is a statutory certificate issued by the Zadeshwar Gram Panchayat and has a very high evidentiary value. The name of the petitioner in the Birth Certificate has been recorded as per the statutory provisions under the Registration of Births and Deaths Act, 1969. However, after adoption of petitioner by his step father, his name is required to be corrected.

8. In view of the submissions made and for the above- mentioned reasons, the writ petition is allowed. Rule is made absolute to the aforesaid extent. The respondent is directed to change the name of the petitioner in the Birth Certificate as “Raval Vedang Jitendrakumar” instead of “Vedang Mehulkumar Sheth” having registration No.208 of 1997 and a fresh certificate be issued accordingly. There shall be no order as to costs.

Direct Service is permitted.