Gujarat High Court
Patel Shivaniben Mukeshbhai vs State Of Gujarat on 22 February, 2023
Bench: Biren Vaishnav
C/SCA/13182/2020 ORDER DATED: 22/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13182 of 2020
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PATEL SHIVANIBEN MUKESHBHAI
Versus
STATE OF GUJARAT
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Appearance:
KAUSHAL S JANI(7627) for the Petitioner(s) No. 1
MR. JAY TRIVEDI, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
MR DEEPAK G ALORIA(6580) for the Respondent(s) No. 5
MR. HARIBHAI PATEL, ADVOCATE FOR MR DEEPAK P SANCHELA(2696)
for the Respondent(s) No. 2,3
NOTICE SERVED for the Respondent(s) No. 1,4
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 22/02/2023
ORAL ORDER
1 Heard Mr.Kaushal Jani, learned counsel for the
petitioner, Mr.Jay Trivedi, learned Assistant Government
Pleader for the respondent-State, Mr.Haribhai Patel,
learned counsel appearing for Mr.Deepak Sanchela,
learned advocate for respondent No.2 and Mr.Deepak
Aloria, learned advocate for respondent No.5.
2 Prayer in the petition is to the effect that the
decision dated 08.07.2020 passed by the Ankleshwar
C/SCA/13182/2020 ORDER DATED: 22/02/2023
Nagar Seva Sadan to change the name of the petitioner
from Saluben to Shivaniben in the Birth Certificate has
been rejected.
3 Perusal of the record would indicate that the School
Leaving Certificate, Adhar Card and the Passport shows
the name of the petitioner as Shivaniben. The petitioner
has earlier approached this Court by filing Special Civil
Application No. 7578 of 2020, which was disposed of by
an order dated 22.06.2020, which reads as under:
" 1. Rule returnable forthwith. Learned AGP
Mr.Kanara waives service of notice of Rule for and
on behalf of the respondent No.1 - State.
2. With the consent of the respective parties, the
matter is taken up for final hearing.
3. Heard Mr.Kaushal S. Jani, learned counsel for the
petitioner and Mr.Kanara, learned AGP for the
respondent - State through Video Conferencing.
4. The prayer in this petition is that the petitioner
wants to change her name from `Saluben' to
"Shivaniben". Facts, in brief, are as under:
4.1. It is the case of the petitioner that she was born
on 3.6.1994 at Ankleshwar and her name was
entered in the Birth Certificate vide Registration
No.1107 as Saluben. It is her case that her original
name is Shivaniben and Saluben is her pet name.
C/SCA/13182/2020 ORDER DATED: 22/02/2023
4.2. The petitioner has applied for Express Visa
entry of Canada. She has received an Email on
3.6.2020 to submit all the documents within 45 days
of the receipt of the Email. As a result of this, she
has to submit her Birth Certificate. She needs her
name to be changed to Shivaniben instead of
Saluben in the Birth Certificate. Documents have
been annexed like passport and certificate of
registration of marriage which show the name of the
petitioner as Shivaniben.
5. Mr.Kaushal S. Jani, learned counsel for the
petitioner would submit that even in her School
Leaving Certificate, her name is shown as
Shivaniben. It is her case, therefore, that her name
in the Birth Certificate should be changed to
Shivaniben and a fresh Birth Certificate be issued.
Reliance is placed on a decision dated 25.4.2013 in
the case of Bela J. Thakker v. State of Gujarat of this
Court in Special Civil Application No.16213 of 2012
(Coram: R.H. Shukla - J.) 5.1. Mr.Jani would further
submit that based on several decisions relied upon
by the Court, the Court is requested to allow this
petition and the respondent be directed to change
the name of the petitioner.
6. Mr.Kanara, learned AGP for the respondent -
State would submit that in the aforesaid decision,
the petitioner had approached the Court as the
Registrar of Births and Deaths had rejected the
request of the petitioner, whereas, in the present
case, the petitioner has come directly before this
Court without approaching the Competent
Authorities under the provisions of the Registration
of Births and Deaths Act, 1969.
7. Considering these submissions, the petitioner
shall approach the competent authority under the
Act for change of her name from Saluben to
Shivaniben within a week from the date of receipt of
C/SCA/13182/2020 ORDER DATED: 22/02/2023
copy of this order. On such application being made
before the Registrar of Births and Deaths, the same
shall be decided within a period of two weeks from
the date of receipt thereof.
8. While taking a decision on the application under
the provisions of the Act, the competent authority
shall keep in mind the provisions of the Births and
Deaths Act, especially; Sections 13 and 15 thereof
and the judgments of this Court in the case of
Nitaben Nareshbhai Patel v. State of Gujarat
reported in 2008(1) GLH 556 and the judgment
dated 7.1.2019 in Special Civil Application No.20691
of 2018 in the case of Vahora Mahammad v. State of
Gujarat (Coram: V.M. Pancholi-J.).
9. The Registrar of Births and Deaths shall consider
these decisions looking to the reasonable request
made by the petitioner, prima facie, considering the
judgments cited above, the Registrar of Births and
Deaths shall appreciate the documents that are filed
before this Court which the petitioner shall file
before the Registrar and shall decide the application
of the petitioner in accordance with law
appropriately considering the name change within
the time frame as mentioned above.
10. The petition is partly allowed in above terms.
Rule is made absolute to the aforesaid extent. Direct
Service is permitted.
11. The Registry is directed to communicate this
order by Fax and / or E-mail."
4 Having considered the submissions made by the
learned counsels appearing for respective parties and
having considered the decision referred to as above, the
C/SCA/13182/2020 ORDER DATED: 22/02/2023
petition is allowed. Accordingly, the decision dated
08.07.2020 passed by the concerned authority is hereby
quashed and set aside. Accordingly, the respondents Nos.
2 & 3, in light of the decision rendered by this Court in
Nitaben Nareshbhai Patel vs. State of Gujarat.,
reported in 2008 (1) GLH 556 are directed to change
the petitioner's name from Saluben to "Shivaniben" by
making necessary corrections in the Register of Birth on
the basis of the documents available on record and issue
new birth certificate showing her name as "Shivaniben".
The entire exercise shall be carried out within a period of
eight weeks from the date of receipt of copy of this order.
Petition is allowed, accordingly. Rule made absolute
accordingly.
(BIREN VAISHNAV, J)
BIMAL
