MAMTA SWAMI Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) Instant petition has been preferred under Article 226 of the Constitution of India praying interalia that the respondents be directed to issue a fresh Birth Certificate omitting the name of Anand Sharma, father of Master Aadhyaat Swami. It has been further prayed that in the Birth Certificate to be issued afresh only name of the petitioner/mother be reflected.

(2.) It is pleaded in the present petition that the petitioner was married with one Anand Sharma in the year, 2000. From the womb of the petitioner and from the loins of Anand Sharma, a son, namely Master Aadhyaat Swami, respondent No.4 was born. Due to irreconciliable differences, parties obtained divorce by mutual consent by filing a petition under Section 13-B of the Hindu Marriage Act.

(3.) In the petition, it was noted that the custody of the child shall remain with the petitioner/single parent. The petitioner approached respondents for issuance of a fresh Birth Certificate on the ground that for the admission of child in the School or for opening a bank account, Officials insist that signatures of the father be obtained, hence, fresh Birth Certificate be issued. In the petition, it is stated that after the divorce, child is being reared by the petitioner/ single parent.