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2026 Supreme(Online)(MP) 36847

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
MB v State of Madhya Pradesh
WP No. 18924 of 2026



Important Points

The court granted interim protection against coercive action in a writ petition challenging the cancellation of a birth certificate and a resulting FIR, while allowing the amendment of the party array.

Subject

Civil - Writ Jurisdiction

Headnote

The matter involves a writ petition challenging the cancellation of a birth certificate by a municipal authority following the solemnization of a marriage, which subsequently led to the registration of an FIR. The petitioners sought to amend the array of parties to include the Additional Chief Secretary of the Panchayat and Rural Development Department and the Nagar Parishad, Maheshwar. The court allowed the application for amendment of the memo of parties. The primary issue is whether the petitioners are entitled to interim protection from coercive action pending the adjudication of the challenge against the birth certificate cancellation and the resulting criminal proceedings. The court, upon considering the submissions of the counsel, determined that interim relief was necessary to prevent coercive action until the next hearing date. no coercive action against the petitioners pursuant to the FIR No.0112/2026 registered at Police Station Maheshwar, District Khargone be initiated till the next date of hearing.

Advocates:
For the Appellants/Petitioners: Vivek Krishna Tankha, Jerry Lopes
For the Respondents: Rahul Sethi, Sunit Kapoor

Table of Content
1. application for amendment of the array of parties allowed. (Para 1 , 2 , 3)
2. procedural directions for issuance of notices for admission. (Para 4 , 5 , 6)
3. grant of interim protection against coercive action pending hearing. (Para 7 , 8)
4. administrative directions regarding process fee and listing. (Para 9 , 10 , 11)

Heard on I.A. No.6501/2026 an application for amendment to the array of parties the following amendment as per para no.9 (a) and (b) has been sought:-

a) Permit the Applicant/Petitioner to amend the Memo of Parties with respect to Respondent No.l as

ADDITIONAL CHIEF SECRETARY, PANCHAYAT

AND RURAL DEVELOPMENT DEPARTMENT,

GOVERNMENT OF MADHYA PRADESH. V B II,

5th FLOOR, VALLABH BHAWAN, BHOPAL,

MADHYA PRADESH-462004 and:

b) Permit the Applicant/Petitioner to amend the Memo of Parties with respect to Respondent No.5 as

NAGAR PARISHAD, MAHESHWAR, THROUGH

ITS CHIEF MUNICIPAL OFFICER, DISTRICT

KHARGONE, MADHYA PRADESH — 451224

2. It is prayed that respondent No.1 be replaced with 9(a) and respondent No.5 be permitted to be impleaded as new respondent no.5 as the Birth Certificate was issued by Chief Municipal Officer, Nagar Panchayat, Maheshwar, District Khargone (M.P.).

3. On due consideration of the aforesaid, the application is allowed in respect of the aforesaid prayers mentioned in para no.9(a) and 9(b). Necessary amendments in the memo of petition be carried out within a period of three working days from today.

4. Heard on the question of admission.

5. On payment of process fee within three working days, notices be issued to the respondent no.3 and as well as to newly added respondent no.5 after impleadment.

6. Since respondent nos.1, 2 and 4 are already represented by Additional Advocate General on advance notice, no further notices are required to them.

7. This writ petition has been preferred seeking the relief in connection with cancellation of Birth Certificate of petitioner no.1 by respondent no.5 after solemnizing of marriage between petitioner no.1 and petitioner no.2 resulting registration of FIR bearing Crime No.0112/2026 registered at Police Station Maheshwar, District Khargone, M.P. at the behest of respondent no.3.

8. Considering the submissions of counsel for the parties present, no coercive action against the petitioners pursuant to the FIR No.0112/2026 registered at Police Station Maheshwar, District Khargone be initiated till the next date of hearing.

9. Certified copy, as per rules.

10. List in the week commencing 27.07.2026.

11. In case of any default in payment of process, the order of interim relief shall be vacated without further reference to this Court.

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