VIJAYKUMAR RAMANLAL VISAVALIYA Vs. AMRELI MUNICIPALITY

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India is filed with the following prayers:

(2.) Learned advocate for the petitioner submits that the respondent intends to mention the name of the petitioner as father in Birth Certificate dated; 02.11.2013 issued by the Amreli Municipality in the name of Minor Param. It is submitted that the birth certificate dated; 02.11.2013 issued by the Amreli Municipality in the name of Minor Param wherein father's name was mentioned as Bhavin Mansukhlal Patel and mother's name was Charmiben because on 23.05.2010 Bhavin Mansukhlal Patel's marriage solemnized with Charmiben and out of the first wedlock Minor Param aged about 5 years was born and due to some matrimonial dispute between Bhavin Mansukhlal Patel and Charmiben both the parties jointly decided to dissolve the marriage and therefore on 20.08.2018 cross dissolution of the marriage deed is prepared and signed by both the parties and same is also registered before the Sub-Registrar Office at Gandhinagar. It is also submitted that on 27.08.2018 mother of minor child namely Param got married with the petitioner and on 12.09.2018 that marriage was registered before Marriage Registration Office at Gandhinagar and petitioner is also accepting the minor child Param as son and therefore, on 13.11.2018 present petitioner made representation before Amreli Minicipality for entering his name in father's column in the birth certificate dated; 02.12.2013 issued by the Amreli Municipality in the name of Param.

(3.) Learned advocate refers to and relied upon the decision of this Court in Special Civil Application No.3737 of 2019 and Special Civil Application No. 7864 of 2016 wherein in the identical set of circumstances the name of the adoptee father was ordered to be entered in the record as well as the birth certificate.