MATHUMITHA RAMESH Vs. CHIEF HEALTH OFFICER PUBLIC HEALTH CARE DEPARTMENT TRICHY MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioner, who had been separated by an order of divorce on mutual consent, has given birth to a child namely, Tavishi Perara on 23.04.2017. The birth of the child was through an intrauterine fertility treatment. The insemination was done with the help of a semen donor.

(2.) After birth of the child, the fourth respondent herein had issued a birth certificate for Tavishi Perara, in which the petitioner's name has been shown as mother of the child and Mr.Manish Madanpal Meena has been shown as father of the child. Since the said Mr.Manish Madanpal Meena is neither the father of Tavishi Perara nor the husband of the petitioner herein but only happened to extend some help to the petitioner in the hospital, the petitioner had sought for rectification of birth certificate by having the name of Mr.Manish Madanpal Meena removed. However, by an order dated 04.09.2017, passed by the first respondent, the petitioner's request was rejected on the ground that the mistakes and errors in the names of the father alone can be rectified and removal of the name from the birth certificate is not contemplated under the relevant law. Challenging the same, the petitioner herein had filed W.P.(MD)No.20839 of 2017 and this Court by an order dated 13.11.2017, granted liberty to the petitioner to approach the concerned Revenue Divisional Officer with a representation seeking for required rectification. When the petitioner approached the Revenue Divisional Officer with the representation, the same was rejected on 08.01.2017 on the ground that the Registrar is the competent authority for rectification of the birth certificate. It is in this background, the present writ petition has been filed.

(3.) Ms.Shabnam, the learned counsel appearing for the petitioner submitted that under Section 15 of the Registration of Births and Deaths Act, 1969 r/w Rule 11 of the Tamil Nadu Registration of Births and Deaths Rules, 2000, it is the Registrar, who is the competent authority to carry out correction of errors in the birth certificate. The learned counsel further submitted that in view of the mistake committed by the authorities, they have been made to run from pillar to post before various authorities for no fault of theirs. The learned counsel by relying upon the affidavits filed by Mr.Manish Madanpal Meena and the husband of the petitioner namely, Mr.Charan Raj submitted that both of them have affirmed that they are not the father of the child, since the petitioner was impregnated through intrauterine insemination with the help of a semen donor and the name of the father of the child required to be left blank. In support of her contention, the learned counsel had relied upon the affidavit filed by the petitioner stating that the pregnancy was through intrauterine fertility procedure.