IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13613 of 2024 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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Approved for Reporting Yes No No ==========================================================

RATHOD MITALBEN BRIJESHKUMAR Versus STATE OF GUJARAT & ORS.

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Appearance:

MR AM PAREKH(562) for the Petitioner(s) No. 1 MS NIRALI SARDA AGP for the Respondent(s) No. 1, 3 NOTICE SERVED for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 20/03/2026

JUDGMENT

1. Rule returnable forthwith. Learned AGP waives service of the rule on behalf of respondent Nos.1 and 3.

2. Present petition is preferred by the petitioner under Articles 14, 19 and 226 of the Constitution of India r/w the provisions of Birth and Death Act, 1969 with below mentioned relief/s:-

17. (A) This Hon'ble Court be pleased to admit and allow the present petition;

(B) This Hon'ble Court be pleased to issue writ of mandamus or any other appropriate writ, order or direction the respondent- authorities to amend /or correction in the name of the petitioner in column no.5 in place of Minor Daughter 'Drashti in the column of Father name the birth certificate which is issued by the Respondents authority as per the application dated

21.08.2024. Ann. E.

(C) Pending admission, final hearing and disposal of this petition, this Hon'ble Court be pleased to direct the respondents, their agents, servants, employees to correct the name of the petitioner daughter in column No. 5 in place of the father name and remove the name of the Girishkumar and name of the petitioner may inserted in the certificate in the interest of justice;

(D) This Hon'ble Court be pleased to grant any other and further relief as deemed fit and expedient."

3. The facts giving rise to present petition are that the petitioner, being the natural guardians of her minor daughter Drashti, seek a direction to the respondent authorities to correct the entry in the birth certificate by substituting the petitioner’s name in place of the existing entry in the column of “father’s name”.

3.1 Petitioner was married to Rathod Brijeshkumar Surendrakumar on 01.05.2016, and during the subsistence of the said marriage, their daughter Drashti was born on 04.04.2019. Her birth was registered on 18.04.2019. Due to matrimonial disputes, the marriage was dissolved by a Deed of Divorce dated 06.03.2023 whereby custody of the minor remained with petitioner.

Thereafter, petitioner remarried Parmar Girishbhai Dineshbhai on 27.08.2023, and pursuant to an application, the respondent authority substituted his name in the birth certificate.

3.2 Subsequently, the said marriage was also dissolved by a Deed of Divorce dated 23.07.2024 and the petitioner retained full responsibility of the minor. The petitioner thereafter applied on 21.08.2024 to correct the birth certificate by removing the said name and inserting her own name but no decision has been taken.

3.3 It is submitted that under Section 15 of the Registration of Births and Deaths Act, the respondent authority has the power to correct such entries, as held by this Court in Chhayaben Atulbhai Asodiya vs. State of Gujarat. Despite this, the respondents have failed to act, compelling the petitioner to approach this Hon’ble Court.

4. Heard Mr. A.M. Parekh, learned counsel for the petitioner and perused the record of the petition.

5. Looking to the facts and circumstances of the case, and upon considering the judgment dated 15.06.2022 passed by the Coordinate Bench of this Court in Special Civil Application No. 15757 of 2021, this Court is of the opinion that the respondent authority, i.e. respondent No.2, shall consider all the averments made in the present petition and, after affording an opportunity of hearing to the petitioner, pass a reasoned and a