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VINOD S. BHARDWAJ
Kamlesh Rani – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Vinod S. Bhardwaj, J. (Oral)
CM-12570-CWP-2023
The instant application has been filed by the applicants-proposed respondents No.5 to 7 under Order 22, Rule 3 read with section 151 of the Code of Civil Procedure, 1908 for impleading them as respondents No.5 to 7 being sons and daughter of deceased Bihari Lal as the present petition has been filed by the petitioner for seeking claim on the death certificate of Bihari Lal.
2. Notice in the application had been issued on 06.09.2021 and thereafter, reply to the application on behalf of the petitioner had also been filed praying for dismissal of the said application. However, since 23.11.2021, there is no representation on behalf of the applicants/proposed respondents No.5 to 7 and they have chosen not to appear.
3. It seems that the applicants-proposed respondents No.5 to 7 are not interested in pursuing the present application. Accordingly, the present application is dismissed
Main case
4. The petitioner seek issuance of directions to respondents No.3 and 4 to rectify the name of the spouse in the death certificate of deceased Bihari Lal who died on account of cardiac arrest on 02.09.2020 in the Fortis Hospital, Mohali.
5. Th
The court clarified a legally wedded wife holds superior claim over marital status, emphasized by the requirement for authentic marriage documentation.
The Registration of Births and Deaths Act affirms the legal spouse's precedence over claims by others regarding official documentation of marriage.
The court's decision emphasized the importance of considering representations on merits and in accordance with the law, and granting the petitioner a right of personal hearing.
Accurate documentation of familial relationships in official records is essential and can be rectified through verified evidence.
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