Kalyani Rajappa Subramanian Thr. P.O.A. Shri Ravi Iyer v. The Registrar, Births And Deaths Of Nagpur Municipal Corporation, Nagpur

Order 3110wp4372.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4372/2018.

Kalyani Rajappa Subramaniam -VERSUSThe Registrar, Births and Deaths of Nagpur Municipal Corporation. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI AND S.M. MODAK, JJ.

DATE : OCTOBER 31, 2018.

Heard Shri S.D. Dharaskar, learned Counsel for the petitioner and Shri S. Ukey, learned Counsel for respondent no.1.

2.

Petitioner for immigration purposes wants date of birth to be correctly recorded. She after obtaining information, applied before the Judicial Magistrate First Class in terms of the Rules framed by the State Government, under Section 13 of the Births and Deaths Act, 1969.

3.

Before the learned Magistrate, the contention was entry of birth with the Corporation taken on 19.11.1974, does not pertain to her.

Order 3110wp4372.18 4.

Learned Magistrate however did not accept this stand and found that entry was taken on 19.11.1974. Hence, he rejected that application. Thereafter, present petition has been filed.

5.

On 29.10.2018, along with Pursis, an affidavit sworn by mother of petitioner has been filed. In that affidavit, mother of petitioner now aged about 74 years, has explained that the petitioner is born to her on 18.11.1974 at Nirmal Mata Maternity Home, Nagpur at 11 p.m.

6.

Submission of petitioner is, this birth was recorded by the Hospital authorities in normal course on next day, and hence, the date has been noted as 19.11.1974.

7.

In view of the affidavit given by mother, we have no hesitation to accept the statement made by the petitioner.

8.

Accordingly, we direct respondent to correct the date of birth of petitioner as 18.11.1974. Writ Petition is allowed and disposed of. No costs. JUDGE JUDGE Rgd.