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2024 Supreme(Ker) 91

V. G. ARUN
Romeo Victor – Appellant
Versus
Cheranalloor Grama Panchayath – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P.A. Mujeeb, Reshma R., Nezrin T. Ibrahim, Sreelakshmi P., Salwa T. Muhammed, T.A. Athira, Muhammad Hashir M.
For the Respondent: Bimal K. Nath.

JUDGMENT :

V.G. ARUN, J.

1. The marriage between the petitioners was solemnised on 05/02/2012 and a female child was born to them on 26/06/2022. The birth took place in the second petitioner’s residence and the delivery was reported to the first respondent and an application for birth certificate submitted on 28/06/2022. The petitioners were not issued with the birth certificate. On enquiry, they were informed that suspicion had arisen regarding the birth of the child and enquiries were made at the Cheranalloor Panchayat Office, Health Centre and Police Station. As the suspicion could not be cleared even after such enquiry, the police directed a DNA test of the child and the parents. Aggrieved, this writ petition is filed seeking the following reliefs:

    “(i) issue a writ of mandamus or any appropriate writ, order or direction commanding the 1st and 2nd respondents to issue birth certificate of the child of the petitioners applied for by the 1st petitioner within a time limit fixed by this Hon’ble Court.

(ii) Direct the respondents not to insist on the conduct of DNA test for proving the parentage of the petitioner’s child for the purpose of issuing birth Certificate.”

2. Heard learned Co

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