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2016 Supreme(Online)(KER) 31755

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
DEVAPRIYA – Appellant
Versus
DEPUTY DIRECTOR OF PANCHAYATH    Advocate -GOVERNMENT PLEADER – Respondent


JUDGMENT

The first petitioner is taking care of the second petitioner, an abandon girl child. The first petitioner is neither a biological father nor an adoptive father. But now the issue is relating to the birth certificate of the second petitioner. This birth certificate is necessary for admission in the school and all other legal purposes.

2. Though the first petitioner cannot be treated as a biological father or an adoptive father, this Court is of the view that the birth certificate cannot be denied to the second petitioner. Therefore, this Court is of the view that the Revenue Divisional Officer after determining the correct age of the second petitioner through medical board, shall take necessary steps to issue birth certificate to the second petitioner. It is made clear, neither in the birth certificate nor in other documents it need be referred that the first petitioner is a biological or adoptive father. The only requirement is that the Revenue Divisional Officer shall ensure the birth certificate issued to the second petitioner. The Revenue Divisional Officer, after passing necessary order, shall direct the Registrar of Birth or local authority to issue the necessary certi

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