Shahna Anvar vs Registrar Of Births And Deaths
2021 Latest Caselaw 2407 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

       THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(C).No.29100 OF 2020(J)


PETITIONER/S:

                SHAHNA ANVAR,AGED 48 YEARS
                W/O.ANVAR A.K., AMBALATHUVEETTIL HOUSE, MADAIKONAM
                P.O., MAPRANAM, THRISSUR DISTRICT.

                BY ADVS.
                SRI.C.A.CHACKO
                SMT.C.M.CHARISMA
                SHRI.ALEKH THOMAS

RESPONDENT/S:

                REGISTRAR OF BIRTHS AND DEATHS
                CORPORATION OF THRISSUR, CORPORATION OFFICE, THRISSUR
                - 680 001.

                SHRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION
                SRI.SANDEEP R.N., SC, THRISSUR CORPORATION

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29100 OF 2020(J)                    2




                                       JUDGMENT

The petitioner is the mother of Nimisha Anvar, who was born on 30.01.2006

at Mother Hospital, Ayyanthole. In the writ petition it is the case of the petitioner

that her name in the Birth Certificate issued to her daughter, a copy of which is

produced as Ext.P1 in the writ petition, is shown as 'Shahana Anwar' instead of

'Shahna Anvar'. It is submitted on behalf of the petitioner that while she was

originally of Christian faith she married a Muslim, and thereafter embraced

Islamic religion on 01.03.2020 and changed her name to 'Shahna Anvar' after

publishing the same in a notification dated 14.07.2020 in the Kerala Gazette dated

13.10.2020. The Adhar Card of the petitioner also shows her name as 'Shahna

Anvar'. It would appear that in the Birth Certificate issued to her daughter, her

name was mistakenly shown as 'Shahana Anwar' instead of 'Shahna Anvar'. It is

for the purposes of correcting the said error in the Birth Certificate that the

petitioner approached the respondent.

2. The respondent, however, expressed his inability to consider the

request for change of the entries in the Birth Register, inter alia, citing the

Government Circular dated 10.05.2017, which rather than enabling the

respondent to effect a correction of the name in the Birth Certificate only permits

them to show the alleged correct name as an alternate name of the person

concerned. Even the said correction can be permitted only if there is a Gazette

notification to support the alternate name. It is further submitted that the circular

applies only in circumstances where there has been a change in the name of the

parent by way of Gazette publication after the birth of the child and the issuance

of a Birth Certificate originally.

3. I have heard the learned counsel for the petitioner as also the learned

Standing Counsel for the respondent Municipality.

4. On a consideration of the facts and circumstances of the case and the

submissions made across the Bar, I am of the view that inasmuch as the petitioner

has effected a change in name through a Gazette notification and the correction in

her name in the Birth Certificate of her daughter is only to the limited extent of

correcting the spelling in the name from 'Shahana Anwar' to 'Shahna Anvar' for

the purposes of ensuring a uniformity in the various identity documents such as

the Birth Certificate of the daughter as also the Adhar Card obtained by the

petitioner, the ends of justice would be met by directing the respondent

Municipality to issue a corrected Birth Certificate to the petitioner's daughter in

which the mother's name is corrected as "Shahna Anvar". The respondent shall

do the needful and issue a corrected Birth Certificate within three weeks from the

date of receipt of a copy of this judgment. The petitioner shall produce a copy of

this judgment together with a copy of the writ petition before the respondent

Municipality for further action.

The writ petition is disposed as above.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1                  TRUE COPY OF BIRTH CERTIFICATE OF
                            PETITIONER'S DAUGHTER ESHA ANVAR DATED
                            9/2/2010 ISSUED BY RESPONDENT.

EXHIBIT P2                  TRUE COPY OF DISCHARGE CERTIFICATE
                            NO.106/20 DATED 1/3/2020 ISSUED FROM
                            MAUNATHUL ISLAM ASSOCIATION, PONNANI
                            NAGARAM.

EXHIBIT P3                  TRUE COPY OF NOTIFICATION DATED 14/7/2020
                            PUBLISHED IN GAZETTE DATED 13/10/2020.

EXHIBIT P4                  TRUE COPY OF AADHAAR CARD OF PETITIONER.

EXHIBIT P5                  TRUE COPY OF REPRESENTATION DATED 10/11/20
                            MADE BEFORE THE RESPONDENT.