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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA, GAJENDRA SINGH
Kiran Singh – Appellant
Versus
Registrar Birth And Death Certificate Department – Respondent
JUDGMENT :
Per: Justice Vivek Rusia This appeal under Section 2 (1) of the Madhya Pradesh Uchha Nayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellant (respondent No.2 in writ petition) challenging the order dated 05.02.2025 whereby Writ Petition No. 9211 of 2024 filed by writ petitioner has been allowed.
2. As per the facts of the case, Late Hemendra Singh Pawar was married to the writ petitioner-Shaila Raje Pawar (respondent No. 2 herein) on 29.12.1999 as per the Hindu Rites and Rituals. Respondent No.2 gave birth to their son Prathmeshwar Singh Pawar in the year 2008. On 06.11.2023, Hemendra Singh Pawar died due to illness. Appellant-Kiran Singh claiming herself to be the second wife of Late Hemendra Singh Pawar, obtained a death certificate mentioning her name as wife of the deceased. The writ petitioner sent a legal notice and applied for correction in the Death Certificate. The Municipal Corporation issued a corrected Death Certificate by mentioning the name of writ petition as wife of Late Hemendra Singh Pawar but also mentioned the name of the present appellant within bracket as under :
“Name of husband/wife : Shaila Raje Pawar (Kiran Singh)”.
3.
The Registration of Births and Deaths Act affirms the legal spouse's precedence over claims by others regarding official documentation of marriage.
The court clarified a legally wedded wife holds superior claim over marital status, emphasized by the requirement for authentic marriage documentation.
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.
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