SWAPNA JAMBHEKAR Vs. CORPORATION OF COCHIN

JUDGEMENT

(1.) The petitioner is the mother of Angad Amogh Warhadpande. She is the wife of an Indian Navy Officer. In the birth certificate issued by the second respondent to the child of the petitioner referred to above, the name of the petitioner was erroneously shown as Swapna Warhadpande, instead of Swapna Jambhekar. The petitioner, therefore, preferred Ext.P1 application before the second respondent for correction of her name in the birth certificate of her child. On Ext.P1 application, the petitioner has been given Ext.P3 communication, informing that her name can be corrected in the birth certificate of her child either as Jambhekar Swapna Vikas or Jambhekar Swapna Vikas alias Swapna Jambhekar. The petitioner is aggrieved by Ext.P3 communication. The case of the petitioner in the writ petition is that her name is Swapna Jambhekar and her name is, therefore, to be corrected in the birth certificate of her child as Swapna Jambhekar. It is stated by the petitioner that Ext.P3 communication has been issued by the second respondent placing reliance on Ext.P4 Circular issued by the Government, and in terms of Ext.P4 Circular, the Government has permitted the registering officers to carry out corrections of mistakes in the names of parents of the children in accordance with their school records and if the school records are not available, based on other documents such as Electoral ID, Ration Card, Aadhaar Card etc. It is also stated by the petitioner that the said Circular empowers the registering authorities to show other names of the parents also, if they have two names. According to the petitioner, her real name is Swapna Jambhekar and the said name is shown in all her documents such as Aadhaar Card, Passport etc and therefore, that name shall be shown in the birth certificate of her child also. The petitioner therefore, seeks appropriate directions in this regard in the writ petition.

(2.) Heard the learned counsel for the petitioner as also the learned counsel for the second respondent.

(3.) Section 15 of the Registration of Births and Deaths Act , 1969 which confers power on the registering officers to make appropriate corrections of entries in the register reads thus: