LAWS(MAD)-2019-1-204

NIVASHINI M. Vs. SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT

Decided On January 04, 2019
Nivashini M. Appellant
V/S
SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT Respondents

JUDGEMENT

(1.) This writ petition has been filed challenging the Birth Certificate issued by the 3rd respondent by his proceedings dated 26.04.2010, to the 4th respondent.

(2.) The petitioner got married to the 4th respondent on 02.07.2006, and a child was born on 30.06.2007. According to the learned counsel for the petitioner, the male child was named Thajeev. His Birth Certificate was registered by the hospital on 02.07.2007 in the Birth Register maintained at Palavakkam Panchayat Office at Kancheepuram District. The relationship between the petitioner and the 4th respondent got strained which resulted in the 4h respondent filing a petition for divorce in HMOP No.311 of 2018, before the Principal Family Court, Chennai. This petition was dismissed, and the judgment was confirmed on appeal by this Court in CMA No.3502 of 2009, and the SLP filed by the 4th respondent was also dismissed on 17.09.2012.

(3.) The grand father of the child approached the Tahsildar Tambaram, during the 2nd week of Feb. 2010, and he was instructed to approach the Taluk Office, Sholinganallur, in view of the trifurcation of the Taluk Office. The grand father approached the Taluk Office, Sholinganallur and made necessary application before the Tahsildar to make necessary entry in the birth register regarding the name of the child. Accordingly, the necessary entry was made and a Birth Certificate showing the name of a child as Thajeev was also issued on 13.04.2010, by the concerned Tahsildar. The child was in custody of the petitioner and she admitted the child in the school. Subsequently, the petitioner took the child to United States of America, and the child continued his studies at New Jersy, USA.