A minor sought correction of her birth certificate to record the 4th respondent as biological father. A court-ordered DNA test confirmed paternity. The court directed the Corporation and Registrar to correct the certificate and issue a fresh one within ten days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 8275 OF 2024
PETITIONER:
NEELAMBARI PREETHAM AGED 13 YEARS
D/O. PREETHAM KUMAR FRANCIS, ACHAYATHU HOUSE,
VATTAPPALLY KADAVU ROAD, KUTTAMASSERY, THOTTUMUGHAM
P.O., ALUVA, ERNAKULAM , NOW RESIDING AT VATTOLIL
VEEDU, HOUSE 486/B, K K ROAD, KIZHILLAM P.O.,
RAYAMANGALAM, PERUMBAVOOR, ERNAKULAM. MINOR,
REPRESENTED BY MOTHER AND NATURAL GUARDIAN, JASMIN
THOMAS, D/O. THOMAS, AGED 43 YEARS, VATTOLIL VEEDU,
HOUSE 486/B, K K ROAD, KIZHILLAM P.O., RAYAMANGALAM,
PERUMBAVOOR, ERNAKULAM, PIN-683541., PIN - 683105
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1THIRUVANANTHAPURAM CORPORATION
CORPORATION OFFICE, PALAYAM, THIRUVANANTHAPURAM ,
REPRESENTED BY ITS SECRETARY, PIN - 695033
2 REGISTRAR OF BIRTHS AND DEATHS THIRUVANANTHAPURAM CORPORATION, CORPORATION OFFICE, PALAYAM, THIRUVANANTHAPURAM, PIN - 6950333 RAJIV GANDHI INSTITUTE OF BIO TECHNOLOGY BEHIND CENTRAL JAIL, POOJAPPURA, THIRUVANANTHAPURAM , REPRESENTED BY ITS DIRECTOR., PIN - 6950144 PREETHAM KUMAR FRANCIS AGED 60 YEARSS/O. FRANCIS FREDRICKS, SOUHRUTHAM RESIDENTS
ASSOCIATION, HOUSE 98, CHEVAYUR P.O., KOZHIKODE,
NOW RESIDING AT VATTOLIL VEEDU, HOUSE 486/B, K K ROAD,
KIZHILLAM P.O., RAYAMANGALAM, PERUMBAVOOR, ERNAKULAM,
PIN-683541, PIN - 673017
5P.S. RAM MOHAN
AGED 58 YEARS
S/O. PARAMESWARAN NAIR, PLRA 93, PANANGOTTU VEEDU,
PANACHAMOODU LANE, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
SUMAN CHAKRAVARTHY, SC, THIRUVANANTHAPURAM CORPORATION
P.MOHANDAS (ERNAKULAM)
SABU PULLAN
WP(C) NO. 8275 OF 2024
2
R.BHASKARA KRISHNAN - SC
GOKUL D. SUDHAKARAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8275 OF 2024
3
MOHAMMED NIAS C.P., J.
=========================
W.P.(C) NO. 8275 OF 2024
=========================
Dated this the 11th day of June, 2024
J U D G M E N T
The prayer in this writ petition is to direct respondents 1 and 2 to correct the birth certificate of the petitioner based on the DNA test result issued by the 3rd respondent.
WP(C) NO. 8275 OF 2024
4
The writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
WP(C) NO. 8275 OF 2024
5
APPENDIX OF WP(C) 8275/2024
PETITIONER EXHIBITS :
EXHIBIT P1TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY
THE 2ND RESPONDENT DATED 03.07.2012
EXHIBIT P2TRUE COPY OF THE JUDGMENT IN O.P. NO 381/2023
DATED 22.06.2023 OF FAMILY COURT, MUVATUPUZHA
EXHIBIT P3TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER
RESPONDENT ANNEXURES :
ANNEXURE R2(A)A TRUE COPY OF THE GOVERNMENT CIRCULAR
NO.142/RD3/15/LSGD DATED 16.12.2015
// True Copy // PA To Judge
1 issue framed by the court
Whether respondents 1 and 2 should be directed to correct the petitioner's birth certificate based on the DNA test result establishing paternity.
Neelambari Preetham (minor, represented by mother Jasmin Thomas)
Thiruvananthapuram Corporation
Registrar of Births and Deaths, Thiruvananthapuram Corporation
Rajiv Gandhi Institute of Bio Technology
Preetham Kumar Francis
P.S. Ram Mohan
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court