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HIGH COURT OF GUJARAT
APM
RAVAL VEDANG JITENDRAKUMAR – Appellant
Versus
BHARUCH NAGAR PALIKA – Respondent
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 pe
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 ....
The court affirmed that a birth certificate must be amended to reflect the adoptive father's name post-adoption, recognizing the high evidentiary value of registered documents.
Registered adoption negates need for biological parent's consent for birth certificate amendments; presumption of adoption established by law must be respected.
The respondent authority has the power to make corrections in the birth certificate under Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11 of the Gujarat Registration o....
The presumption of valid adoption under Section 16 of the Hindu Adoptions and Maintenance Act, 1956 applies unless disproved, and the Registrar has the power to correct birth certificate entries unde....
The validity of an adoption deed under the Hindu Adoptions and Maintenance Act, 1956, and the applicability of circulars issued by the Government of India, Ministry of Home Affairs in changing the fa....
The main legal point established in the judgment is that circulars cannot override statutory provisions, and the competent authority cannot simply rely upon a circular and reject a request without ma....
The court affirmed the necessity to correct discrepancies in official documents based on statutory evidence, prioritizing the Birth Certificate for name corrections.
The legal framework under Section 15 of the Registration of Births and Deaths Act, 1969 and Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 empowers the authorities to make corre....
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