MINI MOONJELIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is presently working as a Nurse in Switzerland, is seeking to issue a writ of Mandamus commanding the respondents to register the birth of the petitioner showing her date of birth as 31.05.1966 and issue a Birth Certificate to the petitioner.

(2.) The petitioner states that she was born on 31.05.1966. The Registration of Births and Deaths Act , 1969 came into force on 01.04.1970 subsequent to her birth. Therefore, the petitioner's birth was not registered under the Act.

(3.) The petitioner is due to retire from her service in Switzerland soon. In order to pay her the retirement benefits, the employer insists production of her Birth Certificate. The petitioner therefore approached the 3rd respondent-Registrar of Birth, Death and Marriage of Cherthala Municipality. The 3 rd respondent informed the petitioner that she will have to first register her birth in accordance with the provisions of the Registration of Births and Deaths Act , 1969. As the registration of births is delayed for more than one year, it will be possible only under an order of the 2nd respondent-Sub Divisional Magistrate.