BALJIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The interesting question arising in this petition is as to whether name of a step -father, on the asking of his step -son, can be entered in the Birth Certificate, replacing the name of the biological father, in terms of Section 15 of the Registration of Births and Deaths Act, 1969?

(2.) The facts of this case are that the petitioner was born on 05.10.1993 from the lions of Harjinder Kumar and Surjit Kaur who got married on 16.02.1991. The entry of his birth was recorded in the Birth Certificate No.575 issued by the Additional District Registrar, Births & Deaths, Hoshiarpur as under: -

(3.) The mother of the petitioner filed a petition under Section 13 of the Hindu Marriage Act, 1955 against her husband Harjinder Kumar bearing HMA Case RBT No.98 of 27.8.04/29.10.05 in the Court of Additional District Judge, Hoshiarpur, which was allowed on 06.06.2006 and their marriage was dissolved by a decree. Thereafter, the petitioner got the name of his step -father Surjit Singh recorded against his name in the records of the Punjab National Bank in which he maintains his account, Voter Identity Card issued by the Election Commission of India and also in the Adhar Card. However, the petitioner, in order to get the name of his step -father Surjit Singh incorporated in his Birth Certificate by replacing the name of his biological father, filed an application to the respondents. Counsel for the petitioner has submitted that the entry in the Register of Birth can be corrected in terms of Section 15 of the Act and hence, the direction may be issued to the respondents to perform their statutory duty.