‘No obstacle in correcting DOB in data of start,’ says Bombay Excessive Courtroom – india information

2020/11 12 10:11

Observing that there isn’t a authorized obstacle in correcting the date of start, recorded within the Register of Births and Deaths, the Nagpur bench of the Bombay excessive courtroom has directed the Registrar of Births and Deaths at Nagpur to right the date of start and maiden surname of a Dombivli resident.

“After going by way of the rule (Rule 11(1) of the Maharashtra Registration of Births and Deaths Guidelines, 2000), we discover clerical or formal error made within the register could be corrected by the competent authority upon the satisfaction that such error has genuinely occurred,” mentioned the bench of Justice RK Deshpande and Justice Pushpa Ganediwala, whereas permitting the belated declare of Dombivli resident Archana Tamhane.

The 67-year-old had approached the Registrar of Births and Deaths at Nagpur for correction in her date of start and maiden surname, because the US administration had denied her a inexperienced card on account of discrepancies in her maiden surname and the date of start, as recorded in her start certificates and in her college and employment data.

She had utilized to the Registrar on February 6, 2020 complaining that her maiden surname was wrongly recorded as “Kotawat” in her start certificates, as a substitute of “Kotwal” and her date of start was recorded as January 23, 1954, as a substitute of January 24, 1954.

The Registrar rejected her utility on March 24, 2020, stating that her declare for change within the date of start can’t be entertained; this compelled her to method the excessive courtroom.

Tamhane’s counsel, advocate AD Mohgaonkar, submitted that there was no authorized prohibition on correcting date of start within the register. He identified the availability contained in Rule 11(1) of the Maharashtra Registration of Births and Deaths Guidelines, 2000 permits corrections in date of start.

Responding to the petition, the Registrar agreed to right the maiden surname of the petitioner. He, nevertheless, strenuously opposed the prayer; taking a stand that relevancy is connected to public document beneath Part 35 of the Indian Proof Act. Moreover, the Registrar additionally relied on the rules issued by the Ministry of House Affairs on June 30, 2015 and directions issued by the Maharashtra well being division on November 17, 2015, to the impact that date of start recorded within the register can’t be corrected.

HC refused to simply accept this stand, particularly in view of the Rule 11(1), and held that the rule permits corrections in date of start as properly. The bench mentioned the petitioner was born within the early hours on January 24, 1954, and subsequently it’s apparent that her date of start is wrongly recorded within the register as January 23, 1954, and directed the Registrar to make the corrections in her start document and problem her corrected start certificates.

As regards the delay on the a part of the petitioner in approaching the Registrar, the bench mentioned no time restrict was prescribed beneath the Guidelines for making the corrections.

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