IMPORTANT POINT
Correction of entry in Register of Births – Registrar should be convinced that grounds mentioned in Section 15 of Act, 1969 and Rule 11 of Rules, 1999 are available.

JUDGMENT

This Court in Balachandra Menon v. State of Kerala [2024 K.H.C. 1634] observed that pride and dignity are not only to woman, but also for men. The present case is also a sad story of an unfortunate man whose wife led an adulterous life with another man while the marital relationship with him was in existence. A child was also born in her illicit relationship with that man. Usually, if the husband has an illicit relationship with another woman, that will be a big story, and the man will be humiliated to the extent possible by the wife and her relatives. Of course, there will be genuine grievance on the part of the wife toward her husband in such cases, and the husband may deserve it. I am of the opinion that, in a situation like this in this case, all should stand behind the men as well, because they too have dignity, pride, self-respect, and social identity. In cultures like ours, where marital fidelity holds strong social value, a husband may feel publicly ridiculed in such a situation, as if his manhood and status have been mocked.

2. I will narrate the facts in brief: The 1st petitioner is the mother of the 3rd petitioner. The 1st petitioner initially married the additional 4th respondent, and the marriage was solemnised on 23.04.2006. There was a male child in that relationship, and he is now a major. After marriage, the 4th respondent was working in Bangalore as an Accountant. According to the 1st petitioner, the 4th respondent was not taking care of the family as a husband and was not satisfying the needs of the 1st petitioner. When the marital relationship of the 1st petitioner with the 4th respondent was in existence, the 1st petitioner fell in love with the 2nd petitioner and conceived a child in that relationship with the 2nd petitioner. The 3rd petitioner, a girl child, was born out of the relationship between the 1st and 2nd petitioner, when the marital relationship of the 1st petitioner with the 4th respondent was in existence. Ext. P1 is the birth certificate of the 3rd petitioner, and in that birth certificate, the 4th respondent is shown as the father of the 3rd petitioner and the date of birth of the child is shown as 20.09.2017. The child continued with the 1st petitioner and the 4th respondent. According to the petitioners, the 4th respondent engaged in heated arguments that led to prolonged fights in the matrimonial house, denying the biological parenthood of the 3rd petitioner. Therefore, the 1st petitioner left the house of the 4th respondent on 02.02.2023 at 4 pm. The 4th respondent lodged a missing FIR of his wife, which led to the registration of Ext.P2 FIR by the Vellikulangara Police Station. According to the petitioners, the marriage between the 1st petitioner and the 4th respondent was problematic for the above reason, and matters worsened, leading the 1st petitioner and the 4th respondent to decide to obtain a divorce by mutual consent. Accordingly, Ext.P3 order was passed by the Family Court, Irinjalakuda, ordering divorce on 04.04.2023. After the divorce, the 1st petitioner married the 2nd petitioner. Ext.P4 is the marriage certificate of the same. According to the petitioners, since the name of the father in the birth certificate of the 3rd petitioner is wrongly shown as the 4th respondent, the school authorities informed the petitioners that the child will not be permitted to continue her studies in the said school if the birth certificate bearing the proper name of the father is not produced within the specified time. Hence, the petitioner prayed for changing the entry of the father’s name of the 3rd petitioner to that of the 2nd petitioner instead of the 4th respondent. Hence, this writ petition.

3. Heard the learned counsel for the petitioners, Standing Counsel appearing for the Corporation and also the learned Government Pleader. I also heard the counsel appearing for the 4th respondent.

4. The first point to be decided is whether the entry in the birth certificate can be correcte