MADHUBEN R PATEL Vs. MAMLATDAR - KADI

JUDGEMENT

(1.) RULE. Mr. Soni learned A.G.P., waives service of rule on behalf of the respondent. At the request of the learned advocates for the parties, the matter is taken up for final hearing today itself.

(2.) The petitioner has approached this Court for seeking appropriate direction on the respondent for carrying out correction in the birth register. According to the petitioner, her correct name is Madhuben, but in the birth register it is noted as Shivcare and her correct birth date is 1st May, 1958, but it is wrongly noted as 16th December, 1959 in the birth register. According to her, she approached the respondent, but the respondent expressed his inability to carry out the correction since the birth register was sought to be corrected after 15 years of the birth. According to the respondent, he did not have any power to carry out the correction.

(3.) Mr. Niral Mehta learned advocate for the petitioner has submitted that the respondent by virtue of provisions of Section 15 of the Registration of Birth & Death Act, 1969. has power for correction or cancellation of entry in the Register of Births and Deaths. To substantiate his submission he has also placed reliance on the relevant provisions and the order of the learned Single Judge dated 9th October, 2006 rendered in Special Civil Application No. 19683/2006 and its allied matters.