Allowed

Swapna Jambhekar v. the Corporation of Cochin

Kerala HC17 Nov 2020WP(C)/20216/2020

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging a clearance letter regarding a birth certificate correction. The Court held that school records are not the sole basis for correction; statutory provisions allow correction based on evidence like Aadhaar or Passport, and directed the Registrar to correct the mother's name from Warhadpande to Jambhekar.

What did the court decide?

Ext P3 communication quashed; second respondent directed to correct the minor son's birth certificate by entering the petitioner's name as Swapna Jambhekar within one month.

Swapna Jambhekar Vs the Corporation of… — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942

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WP(C).No.20216 OF 2020(B)

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PETITIONER:

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SWAPNA JAMBHEKAR, AGED 47 YEARS D/O. VIKAS JAMBHEKAR, JALAVAYU VIHAR, A-8-3, PANAMPILLY NAGAR PO, ERNAKULAM, PIN-682 036.

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BY ADV. SRI.C.R.SIVAKUMAR

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RESPONDENTS:

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1 THE CORPORATION OF COCHIN OFFICE OF THE CORPORATION OF COCHIN, ERNAKULAM, PIN-682 011 REPRESENTED BY ITS SECRETARY.

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2 THE REGISTRAR OF BIRTH AND DEATH OFFICE OF THE CORPORATION OF COCHIN, ERNAKULAM, PIN-682 011.

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3 THE CHIEF REGISTRAR OF BIRTH AND DEATH SWARAJ BHAVAN, GROUND FLOOR, NANTHENCODE, KAWDIAR P.O., THIRUVANANTHAPURAM-695 003.

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SRI. SUDHEESH KUMAR SC.

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SRI. PAUL ABRAHAM VAKKANAL GP.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2020, THE COURT ON 17-11-2020 DELIVERED THE FOLLOWING:

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W.P.(C) No.20216 of 2020

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P.B.SURESH KUMAR, J.

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W.P.(C) No.20216 of 2020

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Dated this the 17 th day o f November, 2020

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JUDGMENT

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The petitioner is the mother of Angad Amogh Warhadpande. She is the wife of an Indian Navy Officer. In the birth certificate issued by the second respondent to the child of the petitioner referred to above, the name of the petitioner was erroneously shown as Swapna Warhadpande, instead of Swapna Jambhekar. The petitioner, therefore, preferred Ext.P1 application before the second respondent for correction of her name in the birth certificate of her child. On Ext.P1 application, the petitioner has been given Ext.P3 communication, informing that her name can be corrected in

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W.P.(C) No.20216 of 2020

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the birth certificate of her child either as Jambhekar Swapna Vikas or Jambhekar Swapna Vikas alias Swapna Jambhekar. The petitioner is aggrieved by Ext.P3 communication. The case of the petitioner in the writ petition is that her name is Swapna Jambhekar and her name is, therefore, to be corrected in the birth certificate of her child as Swapna Jambhekar. It is stated by the petitioner that Ext.P3 communication has been issued by the second respondent placing reliance on Ext.P4 Circular issued by the Government, and in terms of Ext.P4 Circular, the Government has permitted the registering officers to carry out corrections of mistakes in the names of parents of the children in accordance with their school records and if the school records are not available, based on other documents such as Electoral ID, Ration Card, Aadhaar Card etc. It is also stated by the petitioner that the said Circular empowers the registering authorities to show other names of the parents also, if they have two names. According to the petitioner, her

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W.P.(C) No.20216 of 2020

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real name is Swapna Jambhekar and the said name is shown in all her documents such as Aadhaar Card, Passport etc and therefore, that name shall be shown in the bir th certificate of her child also. The petitioner therefore, seeks appropriate directions in this regard in the writ petition.

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Heard the learned counsel for the petitioner as also the learned counsel for the second respondent.

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Section 15 of the Registration of Births and

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Deaths Act, 1969 which confers power on the registering officers to make appropriate corrections of entries in the register reads thus:

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“ 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 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

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W.P.(C) No.20216 of 2020

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thereto the date of the correction or cancellation.”

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Rule 11 of the Registration of Births and Deaths Rules, 1999 dealing with applications for correction of the entries in the register reads thus:

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“ 11. Correction or cancellation of entry in the register of births and deaths .—(1) If it is reported to the Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or canceling the entry) as provided in section 15 and shall send an extract of the entry showing the error and how it has been corrected to the State Government or the officer specified by it in this behalf.

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(2) If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under section 15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case.

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(3) Notwithstanding anything contained in sub-rule (1) and subrule (2) the Registrar shall make report of any correction of the kind referred to therein giving necessary details to the State Government or the officer specified in this behalf.

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W.P.(C) No.20216 of 2020

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(4) If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been fraudulently or improperly made, he shall make a report giving necessary details to the officer authorised by the Chief Registrar by general or special order in this behalf under section 25 and on hearing from him take necessary action in the matter.

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(5) In every case in which an entry is corrected or cancelled under this rule, intimation thereof should be sent to the permanent address of the person who has given information under section 8 or section 9.”

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The aforesaid statutory provisions indicate that if it is shown that an entry in the register has been made erroneously, the Registrar has a duty to correct the same. Indubitably, the Registrar can discharge the said duty only by making the real entry. Reverting to the facts, Ext.P3 communication indicates that the petitioner has established that her name has not been correctly shown in the birth register of her child. If that be so, the mistake in the register has to be corrected by substituting the real name of the petitioner. It is seen that in the Aadhaar Card of the petitioner, her name is shown as Swapna

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W.P.(C) No.20216 of 2020

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Jambhekar. It is also seen that the petitioner has obtained Passport in the same name, Swapna Jambhekar. It is further seen that in the Passport of the child of the petitioner also, her name is shown as Swapna Jambhekar. True, in the Circular issued by the Government, it is stated that appropriate corrections can be made as regards the names of the parents of children based on school records, in their birth certificates. But the statute does not say that the name shall be corrected only based on school records. The scheme of the statute is that there will have to be an enquiry as to the correct name of the person concerned and corrections will have to be carried out accordingly. Insofar as the name of the petitioner is shown in her Aadhar Card and also in the Passport as Swapna Jambhekar, I have no reason to think that the said name is not her real name. If that be so, the name of the petitioner shown in her school records might be a mistake.

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W.P.(C) No.20216 of 2020

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In the said view of the matter, the writ petition is allowed, Ext.P3 communication is quashed and the second respondent is directed to make appropriate correction in the birth certificate of the minor son of the petitioner in the column 'name of mother' as “Swapna Jambhekar” instead of “Swapana Warhadpande”. This shall be done within one month.

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Sd/P.B.SURESH KUMAR JUDGE

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ds 05.11.2020

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W.P.(C) No.20216 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 20.5.2020.

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EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN WPC 10743/2020 DATED 2.6.2020.

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EXHIBIT P3 THE TRUE COPY OF THE ORDER OF 2ND RESPONDENT DATED 3.8.2020.

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EXHIBIT P4 THE TRUE COPY OF THE RELEVANT PART OF THE CIRCULAR NO.B1-15343/17 DATED 10.5.2017.

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EXHIBIT P5 THE TRUE COPY OF THE PASSPORT ISSUED TO THE PETITIONER.

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EXHIBIT P6 THE TRUE COPY OF THE PASSPORT ISSUED TO THE PETITIONER'S MINOR SON.

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EXHIBIT P7 THE TRUE COPY OF THE RELEVANT PAGE OF THE CLAUSE 8.8.OF CIRCULAR NO.B115343/17 DATED 10/5/2017 OF REGISTRAR OF BIRTHS AND DEATHS

Swapna Jambhekar v. the Corporation of Cochin

Case brief

What is this about?

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Swapna Jambhekar v. the Corporation of Cochin

Case brief

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