IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 109081 OF 2025 (GM-RES)

BETWEEN:

1. VENKATESH S/O. BHEEMSEN ACHARYA,

AGE. 51 YEARS, OCC. PRIVATE JOB,

R/O. 3-3-59, GANGA NIVA, FORT AREA,

TQ. AND DIST. RAICHUR – 581 401. 2. VISHNU JOSHI S/O. VENKATSH,

AGE. 1.3 YEARS, OCC. NIL,

R/O. 3-3-59, GANGA NIVA, FORT AREA,

TQ. AND DIST. RAICHUR 581401

SINCE MINOR REPRESENTED

BY PETITIONER NO.1.

…PETITIONERS

(BY SRI. K L PATIL, ADVOCATE)

AND:

THE CHIEF REGISTRAR OF

BIRTHS AND DEATHS,

H.D.M.C DHARWAD ZONAL OFFICE 12,

TQ. AND DIST. DHARWAD.

Digitally signed by …RESPONDENT

VISHAL NINGAPPA

(BY SRI. IRANAGOUDAR KABBUR, ADVOCATE)

PATTIHAL

Location: High

Court of Karnataka,

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

Dharwad Bench,

Dharwad OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE

NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 25.02.2025 PASSED IN CRL.MISC.NO.15/2025 ON THE FILE OF II ADDL. CIVIL JUDGE AND J.M.F.C.-II, DHARWAD, VIDE ANNEXURE-G AND ALLOW THE PETITION FILED UNDER SECTION 15 OF THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 VIDE

ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following reliefs:

A. Issue a Writ in the nature of Certiorari quashing the impugned order dated 25.02.2025 passed in Crl. Misc. No.15/2025 on the file of II Addl. Civil Judge and J.M.F.C.-II, Dharwad, vide Annexure-G and allow the Petition filed under section 15 of the Registration of Births and Deaths Act, 1969 vide Annexure-F in the interest of justice and equity.

B. Any other reliefs the Hon’ble Court deems fit for the facts and circumstances of the case.

1 Regular First Appeal No.2454 of 2024 disposed on 18.07.2025.

Registration of Births and Deaths Rules, 1999 makes it abundantly clear that a special mechanism is provided to address such grievances. The civil court, therefore, lacks jurisdiction where a special statute provides not only the right but also the remedy, including the forum, for its enforcement.

14. The exclusion of jurisdiction of Civil Courts must be determined by examining the nature of the relief claimed in the plaint. If the relief sought falls exclusively within the domain of a statutory authority created by a special enactment, then Civil Court jurisdiction stands excluded by necessary implication. In the present case, the plaintiff seeks rectification of the name of his mother in the Death Certificate and a declaration regarding her marital status. These issues arise directly from the official records maintained under the Act and are to be addressed under Section 15 by the Registrar, not through adjudication by a Civil Court.

15. The intent of the Legislature behind Section 15 of the 1969, Act must also be appreciated in context. The objective behind providing a summary remedy before the Registrar is to facilitate a quick and efficient rectification process without burdening the Civil Courts with administrative corrections that fall outside the realm of private law disputes. Section 15 offers an accessible and efficacious remedy to any person aggrieved by an error in the entry of a birth or death, and the bar under Section 9 of the Civil Procedure Code operates in such cases to prevent unnecessary litigation before Civil Courts, which are not the appropriate forums for such redressal. Therefore, the statutory scheme reflects a conscious legislative choice to centralise the power of rectification in the hands of the prescribed authority under the Act.

(Emphasis supplied)

4. In the light of the issue standing covered in all its fours by the afore-quoted judgment of the Co-ordinate Bench, the petition deserves to succeed. The matter is accordingly remitted to the hands of the concerned Court in Criminal Miscellaneous No.15 of 2025 to