BELABEN JITENDRABHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Article 19 and 226 of the Constitution of India as well as under the Registration of Birth & Death Act, 1969 read with Gujarat Registration of Births and Deaths Rules, 2004 for the prayer regarding correction of date of birth as follows :

(2.) THE facts of the case briefly stated are that the petitioner married with one Jitendrabhai Thakkar on 20.05.2003 and they gave birth to two baby boys. The name of the petitioner's son is recorded as Kavya in the birth certificate produced at AnnexureA and date of birth is 25.05.2009. However, the petitioner and family members intended to keep name of son as Viraj and, therefore, at the time of admission in the school, name of son of the petitioner is recorded as Viraj Jitendrabhai Thakkar as stated in the certificate at AnnexureB. Thereafter they had applied for the change of name and thereafter gazettee was also published with notification that name 'Kavya J. Thakkar' be corrected as 'Viraj J. Thakkar'. Thereafter, an application has been made before the respondent no.2authority for the change of name of son of the petitioner from Kavya to Viraj, however, same has been rejected by the respondent as per communication dated 23.10.2012 at Annexure E, which has been led to filing of the present petition on the grounds stated in the petition.

(3.) LEARNED counsel, Shri Gaurav Chudasama has referred to and relied upon the judgments of the High Court reported in 2008 (1) G.L.H. 556 in case of Nitaben Nareshbhai Patel Vs. (The) State of Gujarat & Ors. as well as 2008 (1) G.L.H. (U.J.) 683 in case of Misrikhan Dilavarkhan Pathan Vs. (The) State of Gujarat Thro' the Secretary & Ors. He also referred to Section 15 of the Registration of Birth & Death Act, 1969 and emphasized that entry could be modified or corrected. He has also referred to Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 for that purpose to emphasis that as per the said Rules, powers have been vested to the respondent no.2authority and, therefore, the application for correction ought to have been entertained. Therefore, learned counsel, Shri Chudasama submitted that the present petition may be allowed regarding correction/change of name of son of the petitioner from Kavya to Viraj and to issue fresh birth certificate. Reliance is placed on the judgment of the Division Bench of the High Court in case of Nitaben Nareshbhai Patel Vs. (The) State of Gujarat & Ors, reported in 2008 (1) GLR 884.