JYOTHY V. BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner states that she is a non-resident Indian now working in the United States of America. She was born in Kuttanad Taluk in Alappuzha District on 02.05.1985. However, as disclosed from Ext.P1 Birth Certificate, in the Register of Births, the petitioner's name "Jyothy V. Baby" was shown as "Jyothy V. Babay" and the date of birth was erroneously recorded as "02.07.1985". The name of the mother was recorded as "Soosamma", instead of "Susamma Baby". The house name was also wrongly recorded as "Angilimoottil", instead of "Anjilimoottil".

(2.) The petitioner would state that the said entries in the Birth Register were clerical errors and the date of birth, mother's name and house name were correctly recorded in all other documents namely, SSLC, Passport, Marriage Certificate and Aadhaar as can be seen from Exts.P2 to P5. The petitioner filed an application for correction of particulars in Birth Register invoking Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11 of the Kerala Registration of Births and Deaths Rules, 1999.

(3.) However, the petitioner was served with Ext.P7 intimation of the Sub Registrar of Births and Deaths, Thalavady Grama Panchayat requiring the petitioner to produce Affidavit, Recognised School Certificate, Documents in proof of name and address of mother and the original of Birth Certificate already issued, and if the same is lost, an affidavit to that effect on stamp paper of 100/-. The 2 nd respondent further informed that under the existing law, correction of date of birth is impermissible.