STATE OF HARYANA AND ANOTHER Vs. PUSHPA RANI

JUDGEMENT

(1.) Challenge in this appeal is the judgment and decree dated 13.9.2011 passed by Sh. K.C. Sharma, District Judge, Panipat, vide which the appeal preferred by the defendant-appellants against the judgment and decree dated 15.2.2011 passed by Sh. Sanjay Khanduja, Additional Civil Judge (Senior Division), Panipat, was dismissed. Briefly stated, Pushpa Rani filed suit for declaration and mandatory injunction that she was born on 12.1.1984 at Village Mohiyudeenpur Thirana and the entry regarding the same was got recorded by her parents with defendant No. 2 Additional District Registrar, Birth-Death - cum - District Health Officer, Panipat but inadvertently her date of birth was recorded as 16.12.1984 instead of 12.1.1984. Her husband has been residing in United States of America and she wanted to visit her husband at United States of America but the visa authorities demanded her birth certificate which was issued by defendant No. 2 on 11.10.2010 and she came to know that her date of birth has been wrongly mentioned as 16.12.1984. She approached defendant No. 2 and requested to correct her date of birth, but defendant No. 2 refused to do the same. Hence the suit.

(2.) Upon notice, defendant No. 2 filed written statement taking preliminary objections regarding maintainability, cause of action, locus standi etc. On merits, it has been submitted that Birth and Death registration record is a legal record and certificates are issued from these records under Section 17 of the Registration of Birth and Death Act, 1969. Birth certificates are true extracts of the register and such certificates issued by the Registrar are certified under Section 76 of the Indian Evidence Act, 1872. In the Registration Birth and Death Act, there is no provision to change the particulars and Registrar can only issue the extract from the register. Hence there is no procedure to change the date of birth.

(3.) From the pleadings of the parties, following issues were framed: