Miss. Aarti C Pawadi Vs the Registrar of Births… — Writ and Judicial Review | Karnataka HC (2026)

Miss. Aarti C Pawadi Vs the Registrar of Births… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of; impugned endorsement dated 08.07.2024 (Annexure-'F') set aside; respondent Registrar of Births and Deaths, BBMP directed to make the necessary enquiry and pass appropriate orders in accordance with law within two months from receipt of a certified copy of the order.

Issue for consideration

Whether the Registrar of Births and Deaths could reject the minor petitioner's request, made through her natural guardian, to correct the father's name in the birth certificate on the ground that the name recorded in the birth register is substantially different from the correct name. +1 more

Court's answer

Under Section 15 of the Registration of Births and Deaths Act, 1969, the respondent Registrar is required to make an enquiry and, if satisfied on the documents submitted by the petitioner (minor represented by her natural guardian) that the correct name of the father of the minor child is Sri Kumar Chetan, to correct the name in the birth certificate.

Ratio / Principle

A request to correct the father's name in the birth certificate cannot be rejected merely because the name recorded in the birth register is substantially different from the correct name; the purpose of Section 15 of the Registration of Births and Deaths Act, 1969 is to correct errors in the birth certificate, and that power is vested with the respondent.

Key takeaways

The writ petition is disposed of and the impugned endorsement dated 08.07.2024 issued by the respondent at Annexure-'F' is set aside.ratio¶49
The respondent Registrar is directed to make the necessary enquiry and pass appropriate orders in accordance with law, within two months from the date of receipt of a certified copy of the order.ratio¶50

Detailed headnote1 paragraphs

Birth registration — Correction of father's name in birth certificate — Section 15, Registration of Births and Deaths Act, 1969 — Registrar empowered, after enquiry and on proof to his satisfaction, to correct an entry erroneous in form or substance by marginal entry without altering the original — Request by minor child (through natural guardian father) to correct father's name from 'Chetan S Pawadi' to 'Kumar Chetan' cannot be rejected merely because the name in the birth register is 'substantially different' from the correct name — Endorsement dated 08.07.2024 of the Registrar of Births and Deaths, BBMP refusing the correction set aside — Registrar directed to make necessary enquiry and pass appropriate orders in accordance with law within two months.

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NC: 2026:KHC:16957 WP No. 20840 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026 BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20840 OF 2025 (LB-RES)

BETWEEN:

MISS. AARTI C PAWADI D/O KUMAR CHETAN AGED ABOUT 3 YEARS MINOR REPRESENTED BY NATURAL GAURDIAN HER FATHER SRI KUMAR CHETAN NO.112, 1ST FLOOR SAI SRI HERITAGE APARTMENTS A BLOCK, UTTARAHALLI MAIN ROAD KODIPALYA CROSS, BENGALURU SOUTH BENGALURU - 560 060.

…PETITIONER

(BY SRI AMEYA A FADNIS, ADV.)

AND:

Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

THE REGISTRAR OF BIRTHS AND DEATHS BBMP, RAJARAJESWARI NAGAR BENGALURU - 560 098.

…RESPONDENT

(BY SRI PAWAN KUMAR, ADV.)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT AUTHORITY AT ANNEXURE-F DATED 08.07.2024 BEARING DOCUMENT NO. SL.NO.SANI(SAA)/P.R/5440/24-25.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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ORAL ORDER

The writ petition is filed with a prayer to change the name of the father in the birth certificate of the child, Miss Aarti C Pawadi. The name of the father is mentioned as Sri.Chetan S.Pawadi. It is contended that the correct name of the father of the child is Sri.Kumar Chetan and not Sri.Chetan S.Pawadi. Hence, the petitioner, who is represented by her natural guardian, her father Sri.Kumar Chetan has made representation to the respondent. However, the respondent has issued an endorsement dated 08.07.2024 (Annexure-'F' to the writ petition). The same reads as under:-

" ಬೃಹ� �ೆಂಗಳ�ರು ಮ�ಾನಗರ �ಾ��ೆ Bruhat Bengaluru Mahanagara Palike

ಸ�ಾಯಕ ��ೇ�ಶಕರವರ (�ಾ) ದ�ಣ ಕ!ೇj, ಮ�ಾನಗರ �ಾ��ೆ "ಾ#ಜ% ಸಂ&ೕಣ� ಕಟ(ಡ, 1ೇ ಮಹ+, 9ೇ ಮುಖ%ರ�ೆ-, 9ೇ ಅಡ/ರ�ೆ-, 2ೇ ಮಹ+, ಜಯನಗರ, �ೆಂಗಳ�ರು-560011

ಸಂ0ೆ%: ಸ�(�ಾ)¦.Dgï.5440/2024-25 ¢£ÁAPÀ: 08/07/2024

3ಷಯ : 5*ಾಂಕ: 11/06/2022 ರ ಜನನ ಪ78ಾಣ ಪತ7ದ�: ;ದು<ಪ+ 8ಾಡುವ ಬ=ೆ>

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NC: 2026:KHC:16957 WP No. 20840 of 2025

HC-KAR

ಉ@ೆ:ೕಖ : 1. �ಮA ಮನ3 ಪತ7ದ ಸಂ0ೆ%. 5440/15/06/2024

ªÀiÁ£ÀågÉ,

CೕಲEಂಡ 3ಷಯ�ೆE ಸಂಬಂFGದಂHೆ , ಉ@ೆ:ೕIತ �ಮA ಅJ�ಯ�: 5*ಾಂಕ. 11/06/2022 ರಂದು MILANN HOSPITAL ನ�: ಜ�Gರುವ ಮಗು3ನ ಜನನ ಪ78ಾಣ ಪತ7ದ�: ತಂ�ೆಯ ºÉ¸ÀgÀ£ÀÄß CHETAN S PAWADI gÀ ಬದ@ಾV KUMAR CHETAN JAzÀÄ §zÀ¯Á¬Ä¸À®Ä PÉÆÃjzÀÄÝ �ಯಮ 15 ಜನನ/ಮರಣ ಪ78ಾಣ �ಾK< 1969 ರ ಅನLಯ ಮೂಲ ಸLರೂಪ ಬದ@ಾಗುವNದOಂದ ;ದು<ಪ+=ೊPಸಲು ರಹ 3ರುವN5ಲ: ಎಂಬ 3ಷಯವನುR ತಮ=ೆ ಈ ಮೂಲಕ ;Pಯಪ+ಸ@ಾT�ೆ .

ಸ�ಾಯಕ ��ೇ�±ÀPÀgÀÄ ದ�ಣ (¸Á) ಬೃಹ� �ೆಂಗಳ�ರು ಮ�ಾನಗರ �ಾ��ೆ

UÉ,

²æÃ NIRMALA D L gÀªÀjUÉ"

Section 15 of the Registration of Births and Deaths Act,

1969, reads as under:-

"15. Correction or cancellation of entry in the

register of births and deaths. —If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as

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NC: 2026:KHC:16957 WP No. 20840 of 2025

HC-KAR

may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation."

Thus, the respondent in this case is required to make an enquiry and if it comes to the conclusion based on the documents submitted by the petitioner, who is minor represented by her natural guardian, her father Sri Kumar Chetan, that the correct name of the father of the minor child is Sri Kumar Chetan, then in that event, the respondent is to correct the name in the birth certificate. Section 15 of the Registration of Births and Deaths Act, 1969 empowers to do so. The request cannot be rejected on the ground that the name Sri.Chetan S.Pawadi., as found in the birth register is substantially different from Sri.Kumar Chetan. The purpose of Section 15 of the Registration of Births and Deaths Act, 1969 is to correct the errors in the birth certificate of any person, and the power to do so is vested with the respondent.

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NC: 2026:KHC:16957 WP No. 20840 of 2025

HC-KAR

For the aforementioned reasons, the writ petition is

disposed of . The impugned endorsement dated 08.07.2024 issued by the respondent at Annexure-'F' is set aside.

Respondent is directed to make the necessary enquiry and pass appropriate orders in accordance with law. The same shall be done within a period of two months from the date of receipt of a certified copy of this order.

Sd/(M.I.ARUN) JUDGE

VMB List No.: 1 Sl No.: 89