KARONCHIHAMY v. REGISTRAR OF BIRTHS
NLR66V475
1964 Present: Abeyesundere,
J., and G. P. A. Silva, J.
H. KARONCHIHAMY, Appellant, and REGISTRAR OF
BIRTHS and 2 others,
Respondents
S. C. 83/1963-D. C. Colombo, 3881/X
Births and Death Registration
Ordinance-Registration of birth of illegitimate child- omission to state
particulars relating to the father-subsequent rectification of births register- births
register-Permissibility.
The father of an illegitimate child who was not at home to be the informant of
the birth of when the birth was registered is entitled, in a subsequent
application made by the mother under the Births and Deaths Registration
Ordinance, to have the particulars relating to the paternity of the child
entered in the births register. The fast that the father has legitimate children
also cannot operate as a bar to such rectification.
APPEAL from an order of the District Court, Colombo.
N. Balakrishnan, for petitioner-appellant.
G. P. S. de Silva, Crown Counsel, for respondents.
February 3, 1964. ABEYESUNDERE, J.-
The petitioner in this case is the mother of Ananda Munidasa whose birth has
been registered in the births register maintained by the Registrar of Births and
Deaths of the Wellawatte Division in the Colombo District. According to the
birth certificate in respect of Ananda Munidasa., he was born on 14th July,
1942, at premises No. 40/55, 67th Lane, Havelock Road, Wellawatte South, his
mother is Hewadalugodage Karonchi Hamy,
who is the same as the petitioner in this case, his parents are unmarried, the
informant of his birth is Gajaweera Aratchige Alice Nona who was an inmate of
the premises at which he was born, and the particulars relating to his father
are not entered.
An application under the Births and Deaths Registration Ordinance was made by
the petitioner to the District Court of Colombo for an order to cause the
particulars relating to the father of Ananda Munidasa to be entered in the
births register. An inquiry was held by the learned District Judge into the
application and the parents of Ananda Munidasa gave evidence at the inquiry. The
learned District Judge refused the application and stated in his order that if
the application were allowed the proprietary rights of the legal children of the
person alleged to be the father of Ananda Munidasa would be affected and that
there was nothing to indicate that the putative father of Ananda Munidasa
acknowledged that he was the father at the time of the birth of Ananda Munidasa.
The petitioner has stated in her evidence that she is the mother and that
Sandradura Deesin de Silva. who is the 3rd respondent in this case, is the
father of Ananda Munidasa. Sandradura Deesin de Silva has admitted in his
evidence that he is the father of Ananda Munidasa and has stated that he is
married to another lady who is still alive, that he is not married to the
petitioner, that he was not at home to give the Registrar of Births the
information of the birth of Ananda Munidasa, and that he has on objection to the
application of the petitioner being allowed. As it is stated in the registration
of the birth of Ananda Munidasa that his parents are unmarried, there appears to
be no reason why the proprietary rights of the legitimate children of Sandradura
Deesin de Silva should be affected if the application of the petitioner is
allowed. Sandradura Deesin de Silva has stated in his evidence that he was not
at home to be the informant of the birth of Ananda Munidasa. He has therefore
given a reasonable explanation of his failure to inform the Registrar of Births
that he was the father of Ananda Munidasa. As both the petitioner and Sandradura
Deesin de Silva have acknowledged in the District Court that they are the
parents of Ananda Munidasa, I think the petitioner's application should have
been allowed by the learned District Judge.
I set aside the order made by the lea