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2026 Supreme(Online)(Ker) 18510

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
LINTA MATHAI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.LIJU.V.STEPHEN, SMT.INDU SUSAN JACOB, SHRI.TAJ K. TOM, SHRI.ABHIJITH U.
For the Respondents: SHRI.SUBASH CHAND, SC, SHRI.M.V.S.NAMPOOTHIRY

Table of Content
1. legal framing regarding correction of birth records. (Para 1 , 2)
2. quashing of the incorrect order and allowing the petition. (Para 3)

JUDGMENT

Petitioner challenges Ext.P7 order passed by the Registrar of Births, Deaths and Marriages, Thiruvalla Municipality, dated 28.05.2025, rejecting an application preferred for correction of the date of birth in Ext.P4 birth certificate as 19.05.1981 instead of 19.12.1980. Petitioner submits that all the other records, including the Passport, Aadhar Card, and School Certificate, show the entry as 19.05.1981. The reasoning in Ext.P7 is that since the hospital record shows the date as 19.12.1980, a correction is not possible, cannot be sustained.

2. As held by this Court on several occasions, including in the judgment of this Court in Secretary, Registrar of Births and Deaths v. Thomas Jacob and others [2011 (3) KHC 389] that the Registration of Births and Deaths Act or Rules does not create or extinguish any right and that the Act is intended only to regulate the process and procedure of registration of births and deaths and the correction of any such entry if required and that the Act or Rules cannot be understood to prohib

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