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CWP 5422/2016

In the High Court of Judicature for Rajasthan at Jaipur Bench


Jaipur
O R D E R
S.B. Civil Writ Petition No.5422 of 2016
Mamta Swami Vs. State of Rajasthan & Others
Date of Order

:::

22.09.2016

Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia

//Reportable//

Mr. Archit Bohra, Counsel for the petitioner


Mr. J.M. Saxena, A.A.G., &
Mr. B.L. Avasthi, Addl. Govt. Counsel for the respondents
***
By the Court :

Instant petition has been preferred under Article 226 of


the Constitution of India praying interalia that the respondents be
directed to issue a fresh Birth Certificate omitting the name of
Anand Sharma, father of Master Aadhyaat Swami. It has been
further prayed that in the Birth Certificate to be issued afresh only
name of the petitioner/mother be reflected.
It is pleaded in the present petition that the petitioner
was married with one Anand Sharma in the year, 2000. From the
womb of the petitioner and from the loins of Anand Sharma, a son,
namely Master Aadhyaat Swami, respondent No.4 was born. Due to
irreconciliable differences, parties obtained divorce by mutual
consent by filing a petition under Section 13-B of the Hindu Marriage
Act.
In the petition, it was noted that the custody of the
child shall remain with the petitioner/single parent. The petitioner
approached respondents for issuance of a fresh Birth Certificate on

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the ground that for the admission of child in the School or for
opening a bank account, Officials insist that signatures of the
father be obtained, hence, fresh Birth Certificate be issued. In the
petition, it is stated that after the divorce, child is being reared by
the petitioner/ single parent.
The learned counsel appearing for the petitioner, has
relied upon the direction issued by the Supreme Court of India in the
case of ABC Vs. The State (NCT of Delhi), reported as A.I.R.

2015 S.C. 2569, wherein it was held as under ;19. We are greatly perturbed by the fact that the Appellant
has not obtained a Birth Certificate for her son who is nearly
five years old. This is bound to create problems for the child
in the future. In this regard, the Appellant has not sought
any relief either before us or before any of the Courts
below. It is a misplaced assumption in the law as it is
presently perceived that the issuance of a Birth Certificate
would be a logical corollary to the Appellant succeeding in her
guardianship petition. It may be recalled that owing to curial
fiat, it is no longer necessary to state the name of the father
in applications seeking admission of children to school, as well
as for obtaining a passport for a minor child. However, in
both these cases, it may still remain necessary to furnish a
Birth Certificate. The law is dynamic and is expected to
diligently keep pace with time and the legal conundrums and
enigmas it presents. There is no gainsaying that the identity
of the mother is never in doubt. Accordingly, we direct that
if a single parent/unwed mother applies for the issuance of a
Birth Certificate for a child born from her womb, the
Authorities concerned may only require her to furnish an
affidavit to this effect, and must thereupon issue the Birth
Certificate, unless there is a Court direction to the contrary.
Trite though it is, yet we emphasise that it is the
responsibility of the State to ensure that no citizen suffers
any inconvenience or disadvantage merely because the
parents fail or neglect to register the birth. Nay, it is the
duty of the State to take requisite steps for recording every
birth of every citizen. To remove any possible doubt, the
direction pertaining to issuance of the Birth Certificate is
intendedly not restricted to the circumstances or the parties
before us.

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Counsel appearing for the petitioner has submitted that
in pursuance of the directions issued by the Supreme Court of India,
Government of India, Ministry of Home

Affairs had issued

instructions/guidelines that the Birth Certificate of the child be


issued reflecting name of single parent/unwed mother.
Rajasthan is a dynamic progressive State, still some
Officials of the Government cherish feudal values and are reluctant
to acknowledge dignity and individual identity of a woman.
The matter was taken up for hearing yesterday.
Before this Court could pass any order, Mr. J.M. Saxena,
learned Additional Advocate General appearing for the State of
Rajasthan, requested that the matter may be posted for next date
i.e. for Today, and he may be permitted to cause intervention by using
his good offices, so that adverse order is not passed against the
officials of the State for raising flimsy objections. Therefore, the
matter was posted for Today.
In the morning session also, all kind of non-existing
excuses were projected, objections which cannot stand common sense,
what to say of judicial scrutiny were raised to say that fresh Birth
Certificate cannot be issued in the name of single parent.
Before this Court could reject the objections raised by
the respondents, impose heavy cost upon them and issue show cause
notice for passing strictures, a better sense prevailed and in the post
lunch session, Mr. J.M. Saxena, ld. A.A.G., has handed over a Birth

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Certificate to the ld. counsel appearing for the petitioner in which
name of the petitioner is recorded as a single parent.
This Court appreciate vision and perspective of Mr. J.M.
Saxena, ld. A.A.G. who has shown due to sensitivity to the plight of
mother who is bringing up a child as a single parent.
To ward off denial of Birth Certificate to the singleparent or unwed mother or woman, a direction is, hereby, issued to
the State of Rajasthan to amend rules and issue necessary
instructions that as and when single parent/unwed mother or woman
apply for grant of Birth Certificate, such Certificate ought to be
issued without causing unnecessary hurdles.
Since the Birth Certificate has been issued, the present
petition is, hereby, disposed of as having been rendered infructuous.
At this stage, Mr. J.M. Saxena, ld. A.A.G., appearing for
the respondents, has prayed to this Court that the present petition
be not treated by assigning separate docket number as 'Public
Interest Litigation', as he on the administrative side of this Court will
place on record instructions/ guidelines to be issued by the
Government that Birth Certificate without raising unnecessary
objections shall be issued in favour of the single parent/unwed
mother or woman by acknowledging her individual identity and dignity.
The instructions./ guidelines, so issued be laid before
Registrar General of this Court for onward circulation.

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Let a copy of this order, under the seal and signature of
the Court Master, be handed over to Mr. J.M. Saxena, ld. A.A.G.,
appearing for the respondents, for onward transmission and necessary
compliance.
With the directions issued herein above, the present
petition stands disposed of.

ashok/

[ Kanwaljit Singh Ahluwalia ] J.