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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Shaila Raje Pawar Alias Shaila Devi – Appellant
Versus
Registrar Birth And Death Registration – Respondent
| Table of Content |
|---|
| 1. petition seeking correction of death certificate. (Para 1 , 2 , 3) |
| 2. arguments on legal marriage status. (Para 4 , 5 , 6 , 7) |
| 3. court's analysis of evidence regarding marriage claim. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. determination of legally wedded wife based on evidence. (Para 14 , 15 , 16 , 17) |
| 5. legal obligations regarding correction of registry. (Para 18 , 19) |
| 6. conclusion and disposal of the petition. (Para 20) |
ORDER :
SUBODH ABHYANKAR, J.
1. This petition under Article 226 of the Constitution of India has been filed by the petitioner, seeking the following reliefs:-
“8.1 Respondent Authority be directed to delete the name of Kiran Singh as mentioned in the Bracket from the Death Certificate (Annexure P/A).
8.2. Respondent Authority be directed to compensate the Petitioner towards the undue hardship faced by the Petitioner.
8.3. Any other relief in favour of the Petitioner which this Hon’ble Court may deem fit.”
2. The grievance of the petitioner is that the respondent no.1/Municipal Corporation, Indore has issued the death certificate of her husband, late Hemendra Singh Pawar in the name of the petitioner-Shaila Raje Pawar @ Shaila Devi as also the respondent no.
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.
Writ court declines death certificate correction amid contradictory evidence; directs civil court remedy.
Accurate documentation of familial relationships in official records is essential and can be rectified through verified evidence.
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