Kiranben Vallabhbhai Bhanderi vs Jamnagar Municipal Corporation ...
2021 Latest Caselaw 13720 Guj

       C/SCA/12854/2021                                 ORDER DATED: 09/09/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 12854 of 2021

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                KIRANBEN VALLABHBHAI BHANDERI
                             Versus
     JAMNAGAR MUNICIPAL CORPORATION THROUGH SUB REGISTRAR
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Appearance:
MR MEET D PANSURIA(10170) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                               Date : 09/09/2021

                                ORAL ORDER

1. Mr.Meet D. Pansuria, learned advocate appearing for the petitioner submitted that the petitioner moved an application before the Sub-Registrar requesting for change of name of her minor daughter Vrunda in her birth certificate by substituting the name of her adoptive father and surname on the basis of registered adoption deed; however, the Sub-Registrar, has rejected the application on the ground that in case of adoption of a child, the adoption deed so also order of the Court are necessary. Mr.Pansuria, learned advocate has placed reliance on the judgment in the case of Rameshbhai Nathubhai Solanki v. Rajkot Municipal Corporation to contend that it is well settled proposition of law that the respondent authorities have powers to make correction in the register of births and deaths on production of necessary documents. If, the authorities come to the conclusion on the basis of the evidence before it that deed of adoption is true, correct then there is no reason available to it to deny the correction in birth certificate. It is submitted that considering the provisions of the Act and the Rules, there is no requirement of production of the order of the Court.

2. Having regard to the submissions made by the learned advocate for the petitioner, issue notice, returnable on 12.10.2021.

       C/SCA/12854/2021                                  ORDER DATED: 09/09/2021




3.      Direct service is permitted.




                                                     (SANGEETA K. VISHEN, J)
RAVI P. PATEL