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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

child is being reared by the petitioner/ single parent. The learned counsel appearing for the petitioner. There is no gainsaying that the identity of the mother is never in doubt. To remove any possible doubt. 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. as well as for obtaining a passport for a minor child.I. This is bound to create problems for the child in the future. it is stated that after the divorce. wherein it was held as under . 2569. The law is dynamic and is expected to diligently keep pace with time and the legal conundrums and enigmas it presents. 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. 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. we direct that if a single parent/unwed mother applies for the issuance of a Birth Certificate for a child born from her womb.R. and must thereupon issue the Birth Certificate.“19. the direction pertaining to issuance of the Birth Certificate is intendedly not restricted to the circumstances or the parties before us. fresh Birth Certificate be issued. The State (NCT of Delhi). reported as A. the Authorities concerned may only require her to furnish an affidavit to this effect. Officials insist that signatures of the father be obtained. the Appellant has not sought any relief either before us or before any of the Courts below. it is the duty of the State to take requisite steps for recording every birth of every citizen. It may be recalled that owing to curial fiat. has relied upon the direction issued by the Supreme Court of India in the case of ABC Vs. it may still remain necessary to furnish a Birth Certificate.” . hence. In this regard. Trite though it is. In the petition. Nay. in both these cases. unless there is a Court direction to the contrary. 2015 S. However. it is no longer necessary to state the name of the father in applications seeking admission of children to school.C. Accordingly.2 CWP 5422/2016 the ground that for the admission of child in the School or for opening a bank account.

. still some Officials of the Government cherish feudal values and are reluctant to acknowledge dignity and individual identity of a woman. Mr. requested that the matter may be posted for next date i. The matter was taken up for hearing yesterday.3 CWP 5422/2016 Counsel appearing for the petitioner has submitted that in pursuance of the directions issued by the Supreme Court of India. objections which cannot stand common sense. and he may be permitted to cause intervention by using his good offices. Saxena.M.e. Mr. J. learned Additional Advocate General appearing for the State of Rajasthan. what to say of judicial scrutiny were raised to say that fresh Birth Certificate cannot be issued in the name of single parent. Ministry of Home Affairs had issued instructions/guidelines that the Birth Certificate of the child be issued reflecting name of single parent/unwed mother.M. the matter was posted for Today. In the morning session also. Rajasthan is a dynamic progressive State. Saxena. Government of India. has handed over a Birth . so that adverse order is not passed against the officials of the State for raising flimsy objections.A. all kind of non-existing excuses were projected. Before this Court could reject the objections raised by the respondents. a better sense prevailed and in the post lunch session. ld. J. Before this Court could pass any order. Therefore. A. impose heavy cost upon them and issue show cause notice for passing strictures.G. for Today.

At this stage.4 CWP 5422/2016 Certificate to the ld./ guidelines. 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. A. The instructions.M. Saxena. appearing for the respondents. This Court appreciate vision and perspective of Mr. Since the Birth Certificate has been issued.A. A. 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. disposed of as having been rendered infructuous. a direction is.G. hereby. . Mr. who has shown due to sensitivity to the plight of mother who is bringing up a child as a single parent. so issued be laid before Registrar General of this Court for onward circulation.G. counsel appearing for the petitioner in which name of the petitioner is recorded as a single parent.M. J. the present petition is. J. such Certificate ought to be issued without causing unnecessary hurdles.A. ld. Saxena. ld. has prayed to this Court that the present petition be not treated by assigning separate docket number as 'Public Interest Litigation'. hereby.. To ward off denial of Birth Certificate to the singleparent or unwed mother or woman.

G. be handed over to Mr. J. ashok/ [ Kanwaljit Singh Ahluwalia ] J.5 CWP 5422/2016 Let a copy of this order. under the seal and signature of the Court Master. Saxena. With the directions issued herein above. appearing for the respondents.. A. ld. the present petition stands disposed of. for onward transmission and necessary compliance.A.M. .