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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS
AAA – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
C.S. DIAS, J.
1. The petitioner was married to the 7th respondent on 26.05.2010. A son, who is arrayed as the 9th respondent, was born in their marriage on 07.03.2011. The child’s birth was registered with the 2nd respondent - Municipality, and the petitioner and the 7th respondent were recorded as the child’s parents. Post-delivery, the 7th respondent and the child went to the 7th respondent’s parental home for recuperation. But, on 12.04.2011, both of them went missing. The 7th respondent’s father lodged Ext.P2 FIR with the Payyannur Police. Simultaneously, the petitioner filed a writ petition before this Court, seeking a writ of habeas corpus. Shockingly, the 7th respondent appeared and stated that she desired to live with her lover, the 8th respondent. Recording her statement, by Ext.P2(a) judgment, this Court closed the writ petition. In view of the irretrievable breakdown of the marriage, the couple executed Ext.P3 agreement to live separately. Subsequently, by Ext.P4 judgment, their marriage was dissolved on mutual consent. Later, through Ext.P7 information received under the Right to Information Act, 2005, the petitioner learnt that, by Ext.P9 order passed by the 4
A child born during a valid marriage is presumed legitimate, and changes to birth records require adherence to statutory procedures and principles of natural justice.
Correction of entry in Register of Births – Registrar should be convinced that grounds mentioned in Section 15 of Act, 1969 and Rule 11 of Rules, 1999 are available.
The legal provision allows correction of errors in the birth register, including the date of birth, under Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11 of the Kerala....
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.
Legal provisions dictate that corrections to birth certificates require evidence of error; disputes regarding paternity must be adjudicated rather than amended administratively, but courts can interv....
The Registration of Births and Deaths Act affirms the legal spouse's precedence over claims by others regarding official documentation of marriage.
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....
Statutory provisions override circulars, and authorities must initiate necessary inquiry as per the relevant legal provisions for correcting birth certificate entries.
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