NISHA RANI Vs. REGISTRAR OF BIRTH AND DEATHS

JUDGEMENT

(1.) This Writ Application is directed against the inaction of respondent No.1 in not disposing the representation made by the writ petitioner to make necessary correction in the Death Certificate of Alok Ram, the husband of the petitioner since deceased.

(2.) It is the contention of the petitioner that the petitioner is the legally wedded wife of Shri Alok Ram being married on 19/2/2018 which was duly registered before the Marriage Officer (ADM), South Andaman on 21/11/2019. It is further contended by the petitioner that after her marriage the relationship between the petitioner and her in-laws became strain as a result the petitioner was compelled to file a case under Domestic Violence Act being Misc. Case No. 100 of 2021 before the Court of Judicial Magistrate. It is also contended that during the pendency of the above case, the husband of the petitioner died leaving behind the petitioner and his mother as a surviving legal heir. It is contended by the petitioner that after the death of the petitioner's husband, the petitioner approached the Respondent No.1 herein for receiving the Death Certificate of her deceased husband, wherefrom the petitioner came to know that the Death Certificate has already been issued to mother-in- law of the petitioner. However, upon the request of the petitioner copy of Death Certificate was given to the petitioner. It is further contended that after receiving a copy of death certificate, the petitioner noted that in the place of "Name of Husband / Wife" her name being the wife was not mentioned in the death certificate. The petitioner enquired about the same from the Respondent No.1 but no proper reply was given. Thereafter, the petitioner by her representation dtd. 16/7/2024 requested the Respondent No.1 to make necessary correction in the Death Certificate of her husband and also submitted her Marriage Certificate as a proof. It is also contended that the petitioner visited the office of Respondent on several occasions for correction of Death Certificate of her husband but neither the said respondent authority corrected the record nor any proper explanation was given to the petitioner. The petitioner being aggrieved by the inaction of the Respondent No.1 has come up with the instant Writ Application.

(3.) Pursuant to the filing of the Writ Application the Respondent No.2, the mother-in-law of the petitioner applied to be impleaded as a party. Upon being impleaded as a party the Respondent No. 2 filed affidavit-in-opposition, challenging the maintainability of the Writ Petition on the ground of fraud. Although several facts of allegation against the writ petitioner is made but the following main facts are taken into consideration for the purpose of the case:-