SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(Ker) 323

High Court of Kerala
THE HONOURABLE MR. JUSTICE T.R. RAMACHANDRAN NAIR
Shipna Jose
Versus
The Registrar
WP(C).No. 15926 of 2010 (M)
Decided on : 01-06-2010

Advocates appeared:
For the Petitioner:V.V. Sidharthan, Advocate. For the Respondent: No Appearance.

Headnote:

Registration of Births and Deaths Act, 1969 - Section 15 - Whether application for correction of name, place of birth and names of parents can be rejected on the ground that same has to be made before the child joins the school - Whether Circular is legal - Held, If the parents want to change the name of the child, they are free to do the same -It is made clear that the Circular especially para (1) will not stand in the way of the respondents considering the application of the petitioner on its merits and allow the correction on being satisfied that it requires such a correction - Writ Petition Disposed of.

Judgment :

1. The petitioner herein seeks for a direction to the respondents herein to consider Ext.P9 application to correct the name of the petitioner as Shipna Jose, place of birth as Mercy Hospital, Manickamangalam, Kerala, the name of the father as Marottikudy Paily Jose and name of mother as Ambika Jose.

2. Heard learned counsel for the petitioner and learned counsel for the respondents.

3. Before her marriage, the petitioner, along with her parents was residing in Kalady Grama Panchayat. She was born at Mercy Hospital, Manickamangalam. Her father's name is Marottikudy Paily Jose (M.P. Jose) and mother's name is Ambika Jose. Ext.P1 is the copy of the Secondary School Leaving Certificate wherein the name of the petitioner is shown as Shipna Jose, the name of father is shown as M.P. Jose and mother's name is shown as Ambika Jose. She completed her pre-degree from M.G. University in the year 2001. Ext.P2 is the certificate issued by the University, wherein also her name is shown as Shipna Jose. Ext.P3 is the copy of the degree certificate in which also she is named as Shipna Jose. Thereafter, she studied for B.Sc. Nursing at Rajiv Gandhi University of Health Sciences, Karnataka and copy of the degree certificate has been produced as Ext.P4, wherein the name of the petitioner is shown as Shipna Jose. Ext.P6 is the relevant page of passport. Therein also, the name of the petitioner is shown as Shipna Jose, the place of birth is shown as Manickamangalam, Kerala, name of father is shown as Marottikudy Paily Jose and name of mother is shown as Ambika Jose.

4. The marriage of the petitioner took place on 3.2.2010 with one Shri Bijoy who is working as Electrician in Jenova Shipyard, Italy. The petitioner wants to join her husband and for applying for visa, she sought for a copy of the birth certificate from the respondents. Ext.P8 is the copy of the birth certificate. Therein, the name of the petitioner is entered as Reetha, place of birth is shown as Mercy Hospital, name of father as M.P. Jose and name of mother as Ambika. According to the petitioner, the name of the petitioner and other details in the birth register were given by her parents on 5.3.1984, just four days after the birth of the petitioner. Therefore, the above details were not properly made and entered in the birth register. The petitioner apprehends that since the entries in the birth certificate do not tally with other documents, the application for visa will not be processed. It is also submitted that as per the rules of Italian Embassy, the basic document is birth certificate as well as passport and if the entries are different, she may not get the visa also. It is in these circumstances, the petitioner has submitted an application, Ext.P9 for entering the correct entries in the birth register. Reliance is placed on various decisions of this Court including that of a Division Bench of this Court in Chalakudy Municipality v. Malavika (2009 (4) KLT 714), to submit that the power under Section 15 of the Registration of Birth and Deaths Act, 1969 allows the Registrar to correct wrong entries made in the birth register. Reliance is also placed on the decisions of this Court in Varghese v. Director of Panchayats (2008 (2) KLT 278), Sivanandan v. Registrar of Births and Deaths (2007 (3) KLT 721) and Girijan v. Registrar of Births and Deaths (2003 (2) KLT 22) also in support of the pleas.

5. Learned Standing Counsel for the Panchayat submitted that in a recent circular issued by the Government dated 21.2.2010 it is specified that the correction regarding the name in the birth register can be allowed once before the child joins the school. It is therefore submitted that the same will create difficulties for considering favourably the application of the petitioner.

6. Learned counsel for the petitioner brought to my notice an earlier circular dated 20.3.2007, wherein para 6 allows correction of entries in the birth register if the Registrar is satisfied that the entri





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top