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W.P. (C) No. 25980 of 2013

Rimmy S. v. Chief Registrar of Births & Deaths

2013 SCC OnLine Ker 20009

(BEFORE K. SURENDRA MOHAN, J.)

Rimmy S., W/o Anil Raj A.S., ‘Sreesudha’, Mundackal East, Kollam
-691 001 .…. Petitioner
By Advs. Sri. S. Santhosh Kumar, Smt. P. Lissy Jose.
v.
1. The Chief Registrar of Births & Deaths, Public office Building,
Museum P.O., Thiruvananthapuram-695 033.
2. The Registrar Or Births and Deaths, Kollam Corporation, Kollam-
691 001 .…. Respondent(s)
R1 by Government Pleader Sri. Rinny Stephen Chamaparambil
R2 by Sri. M.K. Chandramohandas, SC, Kollam Municipality
W.P. (C) No. 25980 of 2013
Decided on October 24, 2013

JUDGMENT

The petitioner is the mother of a 3= year old child by name ‘Chanchal’. She is
aggrieved by the refusal of the 2nd respondent to issue a Birth Certificate to her
incorporating the name of the child.

2. The petitioner is married to one Sri Anil Raj A.S. Exhibit P1 is their marriage
certificate. A girl child was born to them on 9.6.2010 and the birth of the child was
registered with the 2nd respondent, as evidenced by Exhibit P2. Since the child had not
been named at that time, in Exhibit P2 Birth Certificate, the name of the child has not
been entered. The petitioner is not in good terms with her husband and she is
presently living separated. Since the child has to be admitted to school, the petitioner
has submitted Exhibit P3 application for the purpose of entering the name of the child
in the Birth Register. The 2nd respondent has refused to accept the application for the
reason that it is not a joint application made by the father and mother.

3. Advocate Sri M.K. Chandramohandas appears for the 2nd respondent.

4. Heard.

5. Section 14 of the Registration of Births and Deaths Act, 1969 (‘the Act’ for short)
provides that where the birth of any child has been registered without its name, the
parent or guardian of such child, shall give information regarding the name of the child
to the Registrar, either orally or in writing. The counsel for the petitioner places
reliance on Exhibit P5 circular issued by the 1st respondent. In Exhibit P5, it has been
specifically provided at paragraph 6.1 that in circumstances where a joint application
of the parents is not possible to be submitted, on an application submitted by one of
the parents and in cases where the child has attained majority, on an application
submitted by the child, the name should be entered.

6. In view of the above enabling provisions, there is no justification for the impugned
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action of the 2nd respondent in not receiving the application submitted by the
petitioner. I am, therefore, satisfied that the petitioner is entitled to succeed.

This Writ Petition is, therefore, disposed of directing the 2nd respondent to receive the
application for entering the name of the child in the Birth Register, submitted by the
petitioner, and to pass appropriate orders thereon, as expeditiously as possible and at
any rate within a period of ten days of the date of receipt of a copy of this judgment.

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