Delhi High Court
Akshay Kumar Shahare vs New Delhi Municipal Council on 20 January, 2022
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20th January, 2022
+ W.P.(C) 3370/2021&CM APPL. 10248/2021
AKSHAY KUMAR SHAHARE ..... Petitioner
versus
NEW DELHI MUNICIPAL COUNCIL ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Zahid Hanief, Advocate
For the Respondent : Mr. GS Chauhan with Ms. Ankita Sarangi,
Advocates for NDMC
Mr. Anurag Ahluwalia, Advocate for
Ministry of Defence
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondent to rectify the death
certificate dated 11.11.2019 whereby the name of the wife of the
adoptive father of the petitioner has been mentioned 'Mina'.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:20.01.2022
Signing Date:21.01.2022 09:13:47 21:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. It is submitted by learned counsel for the petitioner that Mina is
biological mother of the petitioner but she is not the wife of the
adoptive father - Mr. Ashok Kumar Shahare.
4. It is submitted that petitioner was adopted by Mr. Ashok Kumar
Shahare from Mr. Prabhakar Shahare and Mina Shahare, brother and
sister-in-law of the adoptive father of the petitioner.
5. Affidavit has also been filed of Ms. Mina Shahare categorically
stating that she is not the wife of Mr. Ashok Kumar Shahare,
however, her name has inadvertently crept in on account of erroneous
entry made by the Primus Super Speciality Hospital, Chankaya Puri,
Delhi.
6. Primus Super Speciality Hospital has also issued a letter to the
Registrar (Births-Deaths) for correction of the name in the death
certificate of Mr. Ashok Kumar Shahare.
7. Learned counsel Mr. Anurag Ahluwalia, Advocate appearing
for Ministry of Defence has filed part of the service record of Mr.
Ashok Kumar Shahare. Copy of the same has been filed over e-mail
of the Court Master. Same is taken on record.
8. Perusal of the service record of Mr. Ashok Kumar Shahare does
not show that Mina Shahare was his wife. Even the CGHS Card
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:20.01.2022
Signing Date:21.01.2022 09:13:47 21:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
applied for and issued to him contains only his name and the names of
his son and daughter.
9. In view of the above, petition is disposed of with a direction to
the respondent to delete the name 'Mina' in the clause: Name of
Husband/wife, from the death certificate of Mr. Ashok Kumar
Shahare. Fresh death certificate be issued expeditiously preferably
within a period of one week from today.
10. Petition is disposed of in the above terms.
11. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
JANUARY 20, 2022
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:20.01.2022
Signing Date:21.01.2022 09:13:47 21:26
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
