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HIGH COURT OF GUJARAT
APM
RUPANI SHAHINFATIMA ASAGARALI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Rule returnable forthwith. The learned counsels for the respective respondents waive service of rule.
2. The present writ petition is filed praying for the following reliefs:-
“A. YOUR LORDSHIPS MAY BE PLEASED to admit and allow the present petition in the interest of justice.
B. YOUR LORDSHIPS MAY BE PLEASED to quash and set aside the impugned order/communication Dt:-24.11.2023 passed by the respondent no:-2 in interest of Justice.
C. YOUR LORDSHIPS MAY BE PLEASED to direct the respondent No:2 to make necessary correction in the name of the father from HASAN SERALI LAKHANI to RUPANI ASGARALI SHABBIRALI in birth certificate of daughter namely KHWAHISE ZEHARA; in interest of Justice.
D. YOUR LORDSHIPS MAY BE PLEASED to grant such other and further relief that may be deemed fit and proper in the facts and circumstances of the case.”
3. It is submitted by the learned counsel for the petitioner that the petitioner got married with one Hasan Serali Lakhani on 24.05.2015 and that during their marriage life, the petitioner delivered a baby girl viz. Khwahise Zehara on 25.08.2017. It is submitted that the daughter of the petitioner was born at Mundra, District Kuchchh and therefore, he
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.
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 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 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 Registrar has the power to make corrections to the date of birth based on documentary evidence, as provided in Section 15 of the Registration of Births and Deaths Act and Rule 11(4) and 11(5) of ....
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 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....
Action of the concerned authority, is erroneous inasmuch as, the authority is obligated to undertake the exercise laid down by the provisions of Section 15 of the Act of 1969 read with Rule 11 of the....
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