KIRAN SINGH Vs. REGISTRAR, BIRTH AND DEATH CERTIFICATE

JUDGEMENT

(1.) This appeal under Sec. 2(1) of the Madhya Pradesh Uchha Nayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellant (respondent No.2 in writ petition) challenging the order dtd. 5/2/2025 whereby Writ Petition No. 9211 of 2024 filed by writ petitioner has been allowed.

(2.) As per the facts of the case, Late Hemendra Singh Pawar was married to the writ petitioner-Shaila Raje Pawar (respondent No. 2 herein) on 29/12/1999 as per the Hindu Rites and Rituals. Respondent No.2 gave birth to their son Prathmeshwar Singh Pawar in the year 2008. On 6/11/2023, Hemendra Singh Pawar died due to illness. Appellant-Kiran Singh claiming herself to be the second wife of Late Hemendra Singh Pawar, obtained a death certificate mentioning her name as wife of the deceased. The writ petitioner sent a legal notice and applied for correction in the Death Certificate. The Municipal Corporation issued a corrected Death Certificate by mentioning the name of writ petition as wife of Late Hemendra Singh Pawar but also mentioned the name of the present appellant within bracket as under :

(3.) Being aggrieved by the above additional name of Kiran Singh, the writ petitioner approached the writ Court by way of writ petition. The petition was opposed by the respondent/appellant on various grounds. The learned writ Court examined the facts related to inter se claim of the petitioner and appellant being legally married wife of Late Hemendra Singh Pawar and held that the writ petitioner is the legally married first wife, therefore, she alone is entitled to get her name recorded in the Death Certificate. The writ petition was allowed by directing the respondent No.1/Registrar of Births and Deaths, Municipal Corporation, Indore to correct the entry in the Death Certificate and thereafter issue a fresh death certificate only mentioning the name of petitioner as wife of the deceased Hemendra Singh Pawar. Being aggrieved by the aforesaid order, appellant has approached this Court by way of the present appeal.