Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Brijesh Kumar Singh, learned counsel for the petitioners, Sri Anil Tiwari, learned counsel for Nagar Nigam Kanpur and Sri Siddharth Singh Shreenet, learned Standing Counsel for the State-Respondent.

2. In compliance to the order dated 17th November, 2014, the District Magistrate Kanpur Nagar has filed today her personal affidavit which is taken on record.

3. Learned counsel for the petitioners submits that looking into the facts and circumstances of the case and the statements of petitioners recorded in open Court on 30.10.2014, he has to say nothing.

4. Learned standing counsel submits that the alleged birth certificate is a complete nullity in the eyes of law inasmuch as it was issued unauthorizedly and without compliance to the provisions of Section 13 (3) of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as the ‘Act’) and Rule 9 of the U.P. Registration of Births and Deaths Rules, 2002 (hereinafter referred to as the ‘Rules’). He submits that in view of the averments made in the affidavit filed before this Court by the Respondents and the statements of petitioners as recorded in the open Court on 30th October, 2014, the writ petition is wholly misconceived and, therefore, deserves to be dismissed.

5. Sri Anil Tiwari, learned counsel for Nagar Nigam, Kanpur submits that the provisions of the aforesaid Act and Rules have not been followed and as a matter of general practice birth certificates are being issued from last several years without inquiry and order by a Magistrate-Ist Class. He admits that such Certificates are being issued not by competent Officers. He, therefore, submits that looking into the whole practice a lenient view may be taken against the Nagar Nigam Authorities.

6. I have carefully considered the submissions of learned counsel for the parties.

7. Briefly stated the facts of the present case are that the petitioners have filed this writ petition supported by an affidavit of petitioner No. 2 praying for security to them as married couple. In the writ petition it is stated that the date of birth of petitioner No. 1, girl is 23.5.1993 as per high school mark sheet and the birth year of petitioner No. 2 is 1991. As per birth certificate of the petitioner No. 2, issued by Birth/Death Registrar, Kanpur Nagar Nigam, a copy of which has been filed as Annexure 2, the date of registration and date of issuance of the certificate is mentioned as 8th September, 2014. It is alleged that the petitioner No. 1, girl has changed her religion on Ist August, 2014 in presence of Qazi-E-Shahr, Kanpur and performed marriage (Nikaha) on the same day before a Maulvi at Kanpur Nagar. It is alleged that on the same day they entered into an agreement dated Ist August, 2014, a copy of which has been filed as Annexure 5. It is also alleged that the petitioner No. 2 has moved an application dated 18.8.2014 before the Senior Superintendent of Police, Kanpur Nagar, a copy of which has been filed as Annexure-6. In this application the name of petitioner No. 1 is mentioned as “Sonam”. It is also mentioned in this letter that the petitioner No. 2 knows petitioner No. 1 from last six months and she is studying in a coaching with him. In the alleged agreement dated Ist August, 2014, filed as Annexure 5 it is mentioned that the petitioner No. 1 accepted Islam in a mosque and married on the same day i.e. on Ist August, 2014. In his application dated 18th August, 2014 the petitioner No. 2 has stated his age to be 19 years and further stated that petitioners want to live together. In this application dated 18.8.2014 there is no mention of Nikaha or religion conversion and even the name of petitioner No. 1 was not mentioned rather the name of one “Sonam” is mentioned. In her voluntary statement dated 30th October, 2014 given on oath, petitioner No. 1 has stated that she has not gone to any mosque for religion conversion. In his voluntary statement on oath on 30th Octob