Madhya Pradesh High Court
Kiran Singh vs Registrat Birth And Death Certificate ... on 24 February, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND: 5234
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IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 24th OF FEBRUARY, 2025
WRIT APPEAL No. 508 of 2025
KIRAN SINGH
Versus
REGISTRAR BIRTH AND DEATH CERTIFICATE DEPARTMENT AND
OTHERS
Appearance:
Shri Devdeep Singh - Advocate for the petitioner.
Shri Sudeep Bhargava - Dy. Advocate General for respondent No.1-State.
Shri Mudit Maheshwari - Advocate for the respondent No.2.
JUDGMENT
Per: Justice Vivek Rusia
This appeal under Section 2(1) of the Madhya Pradesh Uchha Nayalaya
(Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellant
(respondent No.2 in writ petition) challenging the order dated 05.02.2025
whereby Writ Petition No. 9211 of 2024 filed by writ petitioner has been
allowed.
2. As per the facts of the case, Late Hemendra Singh Pawar was married to
the writ petitioner-Shaila Raje Pawar (respondent No. 2 herein) on 29.12.1999 as
per the Hindu Rites and Rituals. Respondent No.2 gave birth to their son
Prathmeshwar Singh Pawar in the year 2008. On 06.11.2023, Hemendra Singh
Pawar died due to illness. Appellant-Kiran Singh claiming herself to be the
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second wife of Late Hemendra Singh Pawar, obtained a death certificate
mentioning her name as wife of the deceased. The writ petitioner sent a legal
notice and applied for correction in the Death Certificate. The Municipal
Corporation issued a corrected Death Certificate by mentioning the name of writ
petition as wife of Late Hemendra Singh Pawar but also mentioned the name of
the present appellant within bracket as under :
"Name of husband/wife : Shaila Raje Pawar (Kiran Singh)".
3. Being aggrieved by the above additional name of Kiran Singh, the writ
petitioner approached the writ Court by way of writ petition. The petition was
opposed by the respondent/appellant on various grounds. The learned writ Court
examined the facts related to inter se claim of the petitioner and appellant being
legally married wife of Late Hemendra Singh Pawar and held that the writ
petitioner is the legally married first wife, therefore, she alone is entitled to get
her name recorded in the Death Certificate. The writ petition was allowed by
directing the respondent No.1/Registrar of Births and Deaths, Municipal
Corporation, Indore to correct the entry in the Death Certificate and thereafter
issue a fresh death certificate only mentioning the name of petitioner as wife of
the deceased Hemendra Singh Pawar. Being aggrieved by the aforesaid order,
appellant has approached this Court by way of the present appeal.
4. Learned counsel for the appellant submitted that the writ Court did not
examine Section 15 of the Registration of Births and Deaths Act, 1969
(hereinafter referred to as the 'Act of 1969') which authorises the Registrar to
correct the entry in the certificate without any alteration of the original entry,
meaning thereby that the Death Certificate mentioning the name of present
appellant as the wife was liable to be maintained even if the name of respondent
No.2/writ petitioner has been added. Learned counsel for the appellant further
submitted that the State Government framed the Madhya Pradesh Registration of
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Births and Deaths Rules, 1999 (hereinafter referred to as the 'Rules 1999') in
exercise of the powers conferred under Section 30 of the Act of 1969. Rule 11
provides the procedure for Correction or cancellation of entry in the register of
births and deaths as provided under Section 15 of the Act of 1969, which also
provides that after correcting the entry, the Registrar shall send an extract of the
entry showing the error and the manner in which it has been corrected to the
State Government.
We have heard learned counsel for the parties.
5. The Registration of Births and Deaths Act, 1969 is enacted to regulate the
registration of births and death and for the matters connected thereto. Under
Section 3 of the Act of 1969, the Central Government by notification in the
Official Gazette appoints a person to be known as the Registrar-General, India.
Under Section 4 of the Act, the State Government by notification in the Official
Gazette may appoint Chief Registrar of the State along with other officers with
such designations as it thinks fit for the purpose of discharging duties under the
Act. The State Government is also authorised to divide the territory within the
State into registration divisions and may appoint District Registrar for each
revenue District. Under Section 7 of the Act of 1969, the State Government may
appoint a Registrar for each local area comprising the area within the jurisdiction
of a municipality, panchayat or other local authority.
6. Chapter III of the Act of 1969 deals with the Registration of Births and
Deaths. As per Section 8, it shall be the duty of the person, either orally or in
writing, according to the best of their knowledge and belief, to give information
to the Registrar of the several particulars required to be entered in the forms
prescribed by the State Government under sub-section (1) of Section 16. In
respect of birth and death in a house, the head of the house or in absence of the
head of the house, the oldest adult male person present during the said period
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may inform about the birth and death in the house to the Registrar except the
places referred in Clauses (b) to (e) of Section 8. Sections 9 and 10, as a special
provision, authorises other persons to notify the births and deaths. Section 11
says that every person who has orally given to the Registrar any information
required under this Act shall write in the register maintained in this behalf his
name, description and place of abode. After making such entries, the Registrar
shall give free of charge, to the person who gives information, an extract of the
prescribed form under his hand from the register relating to such birth or death.
7. In the prescribed forms relating to death register, there is no such provision
for mentioning the name of wife of the deceased. The forms No. 2 and 3 in
respect of registration of death is reproduced hereunder:
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8. Section 15 deals with the correction or cancellation of entry in the register
of births and deaths which is reproduced hereunder :
15. Correction or cancellation of entry in the register of
births and deaths.--If it is proved to the satisfaction of the
Registrar that any entry of a birth or death in any register kept by
him under this Act is erroneous in form or substance, or has been
fraudulently or improperly made, he may, subject to such rules as
may be made by the State Government with respect to the
conditions on which and the circumstances in which such entries
may be corrected or cancelled, correct the error or cancel the
entry by suitable entry in the margin, without any alteration of
the original entry, and shall sign the marginal entry and add
thereto the date of the correction or cancellation.
9. Section 15 deals with the correction or cancellation of entry in the register
and not in the certificate. After following the rules prescribed by the State
Government, if it is proved to the satisfaction of the Registrar that any entry of
birth and death in any register is erroneous in form or substances, or has been
fraudulently or improperly made, he shall correct or cancel such entry in the
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margin, without alteration of the original entry. Therefore, the original entry is
liable to continue in register and correct entry shall be made in the margin
prescribed in the register but after such correction/alteration, correct information
is liable to be mentioned in certificate issued on demand. (Emphasis supplied)
10. Therefore, the contention of the learned counsel for the appellant is
unfounded that in the certificate the name of the present appellant is liable to be
continued along with the name of respondent No.2/writ petitioner. Under
Section 17 of the Act of 1969, any person may obtain an extract from the register
relating to any birth or death. As per sub-section (2) of Section 17, all extracts
given under this section shall be certified by the Registrar or any other officer
authorised by the State Government to give such extracts as provided in Section
76 of the Indian Evidence Act, 1872 and shall be admissible in evidence of the
purpose of proving the birth or death to which the entry relates as a certified
copy of the public document. Therefore, only the correct entry in the register
maintained under Section 16 about the birth and death of a child or person, as the
case may be relates to the date, name, address are liable to be mentioned in the
certificate. Wrong entry is liable to be continued only in register for the purpose
of reference in future if any dispute arises.
11. In view of the foregoing discussion, we are of the considered opinion that
the writ Court has rightly directed to correct the entry in the death register. Let
fresh Death Certificate be issued after surrendering old Death Certificate
Accordingly, the writ appeal is hereby dismissed.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
vidya
