Whether date of birth recorded on intimation received from hospital can be corrected?

Even Thomas Jacob (supra) declared that a correction could be made only when there is a error discernible in the recording of the date of birth and there should be cogent material available for the Registrar to be satisfied as to the error having occurred. Only then could the correction be effected. It is also pertinent that there, the correction sought was to an earlier date, than that recorded in the Register. The correction to a later date cannot be permitted, since there could be no presumption that the birth was intimated, in anticipation. This is more so since the Register is said to be maintained with pages numbered serially and the births registered, being entered in the Register chronologically, on the consecutive dates; which dispel any allegation of an error having been committed by the Registrar as to the date recorded.

12. This Court cannot issue a direction in the teeth of the registration of birth having been recorded as 14.01.1987; that too on intimation from the Hospital. The mere fact of a wrong declaration having been made in the later life of the child cannot result in upsetting the factual aspects. In that event, the remedy available is to seek correction of the subsequent declarations made. In such circumstances the prayer of the petitioner  cannot be considered.

Kerala High Court

Abdul Rahiman vs The Registrar Of Birth And Death

      Coram: K. VINOD CHANDRAN, J.
      
           W.P(C). No.21486 of 2016-I
      
    Dated this the 11th day of August, 2016

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Whether name of step father can be entered in birth certificate in place of biological father?

Thus, from the above, it transpires that even if there is a divorce between biological parents of the petitioner, in the presence of the biological father, the step-father of the petitioner cannot give the petitioner in adoption with his biological mother. Even under Section 8 of the Hindu Succession Act, 1956, the step-son is neither Class-I nor Class-II heir.

Thus, from the aforesaid discussion, it transpires that correction in the Birth Certificate in the Register of Births and Deaths of the adoptive parents can be made if it is proved to the satisfaction of the Registrar, that too in accordance with the other terms and conditions mentioned in Section 15 of the Act but the entry of a step-father, replacing the name of the biological father in the Birth Certificate maintained under the Act, cannot be made.

Punjab-Haryana High Court

Baljit Kumar vs State Of Punjab & Ors on 4 May, 2016

CWP No.3560 of 2016 (O&M)

Citation:2016(5) ALLMR(JOURNAL)59
                                  

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

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Whether there is limitation for correction for date of birth in birth certificate issued by Registrar of Births and Deaths?

The right to seek actual date of birth has to be exercised within
three years of attaining the majority on the basis of the birth
certificate issued by the Registrar of Births and Deaths. But, after
expiry of period of three years from the cessation of disability, no

person can rely upon the birth certificate. He is bound by the date
given in the matriculation certificate. Therefore, in any case, the right
of a person to seek actual date of birth on the basis of entry in the
birth certificate by the Registrar of Births and Deaths is three years
after attaining the majority on the basis of date of birth in the said
certificate.


IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: May 21, 2015

LPA No. 1613 of 2014 (O&M)
Ambika Kaul

Versus
Central Board of Secondary Education and others

CORAM:
HON’BLE MR. JUSTICE HEMANT GUPTA
HON’BLE MRS. JUSTICE LISA GILL
Dated;May 21, 2015

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Births and Deaths Registers maintained by the statutory authority are admissible in evidence

To my mind, it is not necessary to refer to the judgments as
the Honourable Supreme Court has repeatedly held that the Births and
Deaths   Registers   maintained   by   the   statutory   authority   raise   a
presumption of correctness. Such entries  are admissible in evidence in
terms of Section 35 of the Indian Evidence Act, 1872. Mr.Kumbhakoni has
laid emphasis on the aspect that these entries may be relevant, but this
will   have   to   be   proved   and   his   reliance   on   the   judgment   of   the
Honourable Supreme Court particularly in the case of Birad Mal Singhvi
v/s Anand Purohit reported in AIR 1988 SC 1796 is of no assistance. The
Honourable Supreme Court says in clearest terms that these registers are
maintained   by   the   statutory   authorities   and   entries   therein   raise   a
presumption of correctness. The entries are admissible in evidence. In the
present  case,  once   they  were  read in   evidence   that itself  means  that
before they are so read and relied upon, due opportunity was given to the
parties  to  controvert  the  same.  In other words, when  such entries  are
relied upon by summoning public officials and when they depose about
the same, their version is not accepted straightaway, but opportunity is
given   to   the   Opponent   to   cross  examine   the   said   officials.   Once   this
procedure   is   adopted   and   complied   with,   then,   entries   which   raise
presumption   of   correctness   and   are   made   in   the   statutory   registers

become admissible in evidence. Mr.Kumbhakoni does not dispute that this
procedure has been complied with completely in this case. If that is so,
then,   the   learned   Judge   committed   no   error   in   taking   them   into
consideration and rendering the ultimate finding.


IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
         WRIT PETITION NO.10313 OF 2011

Arif Ibrahim Choudhari,Vs  Sau.Vahida Ayyaz Nayakwadi,

CORAM :  S.C.DHARMADHIKARI, J.

Pronounced on : 14th December, 2012.

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