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. The petitioner is aggrieved with the incorporation of the name of "Harbansi Devi" as spouse of deceased Bihari Lal in the above said death certificate which she claims to have been erroneously entered since "Harbansi Devi" is the pre-deceased mother of deceased Bihari Lal and that the petitioner herein i.e. "Kamlesh Rani," in fact is the spouse.

6. It is contended by the learned counsel appearing on behalf of the petitioner that deceased Bihari Lal was an Army officer and solemnised marriage with the petitioner on 07.11.2011 as per Hindu rites and ceremonies. The above said marriage was got registered as per the Hindu Marriage Act, 1955 on 25.10.2013. He contends that this was a second marriage of the petitioner as well as Bihari Lal. The petitioner was earlier married to one Vijay Kumar and her divorce was allowed by the Court of Additional District Judge, Panipat vide decree dated 04.05.2001 passed in HMA Case No.47 of 2001. The first wife of Bihari Lal had also expired in the year 2008. He was hence a widower on the date of marriage. After the solemnisation of marriage, the petitioner had been residing with her husband Bihari Lal who, however, died on account of cardiac arrest on 02.09.2020 at Fortis Hsopital, Mohali. A death certificate (Annexure P-2) was issued on 14.09.2020 wherein the name of spouse was inadvertently mentioned as "Harbansi Devi" instead of "Kamlesh Rani"-petitioner herein. An application for correction of the name was submitted by the petitioner with the Department of Health and Family Welfare, Punjab on 21.09.2020 (Annexure P-3). A communication was also addressed by the Fortis Hospital on 14.10.2020 highlighting the clerical mistake in the death certificate and requesting for rectification thereunder. However, the needful was not done. The Director, Department of Health and Family Welfare, Punjab, also passed a formal order dated 04.11.2020 on the representation dated 21.10.2020 to carry out necessary rectification as per the rules and regulations. However, the same has not been carried out. Resultant, the present petition was filed.

7. Reply by way of affidavit of Dr.Adarshpal Kaur, Civil Surgeon, on behalf of respondents No.3 and 4 dated 21.01.2022 has been filed wherein they acknowledged the receipt of the application from the petitioner for carrying out rectification in the death certificate. However, it is pointed out that Vijay Kumar son of Bihari Lal had moved an application dated 13.12.2020 to the office of CMO, Mohali, in which it was alleged that marriage of Kamlesh Rani with Bihari Lal was void and he relied upon the order dated 01.06.2017 passed by the Sub Divisional Magistrate-cum- Maintenance Tribunal, Mohali, wherein it was mentioned that "Upon examination of the photocopies produced by the opposite party, it tr