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.

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, her birth is registered at Mundra Gram Panchayat District Kuchchh and accordingly, the birth certificate is also issued. Thereafter, the marriage life of the petitioner with Hasan Serali Lakhani did not survive and she got divorce. Thereafter, the petitioner remarried to one Rupani Asgarali Shabbirali on 21.05.2023 and they also executed an adoption deed on 07.11.2023 for adopting the daughter of the petitioner, which was duly registered at the office of Sub-Registrar, Vejalpur, Ahmedabad. It is submitted that thereafter, the petitioner made an application dated 20.11.2023 to the respondent No.2 for changing the name of father in the birth certificate of her daughter, which came to be rejected on 24.11.2023. In view of the above, the learned counsel for the petitioner submits that the name of the daughter of the petitioner be directed to be changed in the birth certificate from “Hasan Serali Lakhani” to “Rupani Asgarali Shabbirali”.

4. The learned counsel for the respondent No.2 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 does not have the power to change the name of father.

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

6. It is not disputed that the petitioner got divorce from Hasan Serali Lakhani and remarried to Rupani Asgarali Shabbirali and thereafter, the petitioner and said Rupani Asgarali Shabbirali have legally adopted the daughter of the petitioner. Accordingly, the petitioner made an application dated 20.11.2023 to the respondent No.2 for changing the name of father in the birth certificate of her daughter, however, it came to be rejected on 24.11.2023.

7. The Birth Certificate as produced by the petitioner is a statutory certificate issued by the Gram Panchayat and has a very high evidentiary value. The name of daughter of the petitioner in the Birth Certificate has been recorded as per the statutory provisions under the Registration of Births and Deaths Act, 1969. Further, after adoption, the name of father of daughter of the petitioner is required to be corrected. It is settled position of law that a registered document has presumptive value.

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 No.2 is directed to change the name of father of daughter of the petitioner in the Birth Certificate from “Hasan Serali Lakhani” to “Rupani Asgarali Shabbirali”. There shall be no order as to costs.

Direct Service is permitted.