Madras High Court
A.Sesusheela vs The Registrar Of Births And Deaths ... on 8 March, 2021
W.P.No. 3708 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.No. 3708 of 2021
A.Sesusheela ...Petitioner
Vs.
1.The Registrar of Births and Deaths /
City Health Officer,
Corporation of Greater Chennai,
Rippon Building, Chennai – 600 003.
2.The Registrar of Births and Deaths,
Corporation of Chennai,
Zone-V, Sowcarpet, Chennai – 600 079. ..Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for
issuance of writ of mandamus, directing the 1st respondent to recall the birth
certificate of ARRON MATHEW issued and registered vide Birth
Certificate No.B4933830695/2016 and Registration
No.2016/05/052/008939/0 dated 15/11/2016 and re-issue a fresh birth
certificate deleting the name of the father STEPHEN RAJ from the column
1/7
https://www.mhc.tn.gov.in/judis/
W.P.No. 3708 of 2021
of father and keeping it blank and permitting the petitioner to incorporate
her initial “S” to be the initial of Arron Mathew in all his record and to carry
out the said deletions and amendment in the birth register maintained by the
2nd respondent office within a stipulated time.
For Petitioner : Mr.S.Vasanth
For Respondents : Mrs.P.T.Ramadevi
Standing Counsel
ORDER
The case of the petitioner is that she was subjected to forcible
sexual relationship with one Stephen Raj and on account of which, she
became pregnant and gave birth to a male child in RSRM Government
Hospital on 18.10.2016 and the child was named as Aaron Mathew. The
petitioner has also gave a complaint regarding the same and a case in Crime
No.19 of 2016 was registered on the file of the All Women Police Station,
Madhavaram.
https://www.mhc.tn.gov.in/judis/
W.P.No. 3708 of 2021
2. In the said case, a quash petition has been filed in
Crl.O.P.No.3638 of 2017 before this Court to quash the proceedings
pending against him in Crime No.19 of 2016 and this Court has also
disposed of the same by quashing the above said FIR on 07.08.2017 based
on the memorandum of compromise arrived between the parties and in
Clause 9 of the Memorandum of compromise, the parties have agreed in the
following terms:-
“All the petitioners including the 1st petitioner
therein gave consent to the Intervenor / Defacto Complainant
Seshu Sheela to alter the details given in the Birth Certificate
vide B4933830695/2016 and Registration
NO.2016/05/052/008939/0 dated 15/11/2016 issued by Greater
Chennai Corporation, of the unnamed baby boy born to her on
18/10/2016 at RSRM Hospital so as to exclude the name shown
as father of the said baby boy in the said certificate and
accordingly the said Seshu Sheela is at full liberty to
incorporate her name as the initials of the name of the said
baby boy in all educational certificates, passport, Aadhar
Card, ration card, bank pass books and other Identity Cards.”
https://www.mhc.tn.gov.in/judis/
W.P.No. 3708 of 2021
3. Subsequent to the order of this Court made in Crl.O.P.No.3638
of 2017 dated 07.08.2017, the petitioner has made a representation to
exclude the name mentioned as her father in birth Certificate No.
B4933830695/2016 and Registration No.2016/05/052/008939/0 dated
15/11/2016. The Superintendent, RSRM Hospital vide his communication
dated 29.09.2018 informed the petitioner to approach the 2nd respondent as
per the Tamil Nadu Registration of Birth and Death Rules, 2000. The
petitioner has also made a representation to the 2nd respondent on
23.11.2018 along with the order copy of this Court made in Crl.O.P.No.
3638 of 2017 but the same has not been considered and therefore, this writ
petition has been filed.
4. Mr.S.Vasanth, learned counsel appearing for the petitioner has
relied upon the order of the Hon'ble Supreme Court in ABC Karuna Purti
Vs. State (NCT of Delhi) and also the order passed by this Court in
Crl.O.P.No. 3638 of 2017 dated 07.08.2017. The releavant portion in the
judgment of the Hon'ble Supreme Court in ABC Karuna Purti Vs. State
(NCT of Delhi), which extracted hereunder:-
https://www.mhc.tn.gov.in/judis/
W.P.No. 3708 of 2021
"20. We think it necessary to also underscore the fact that the
Guardian Court as well as the High Court which was in seisin of the
Appeal ought not to have lost sight of the fact that they had been called
upon to discharge their parens patriae jurisdiction. Upon a guardianship
petition being laid before the Court, the concerned child ceases to be in
the exclusive custody of the parents; thereafter, until the attainment of
majority, the child continues in curial curatorship. Having received
knowledge of a situation that vitally affected the future and welfare of a
child, the Courts below could be seen as having been derelict in their duty
in merely dismissing the petition without considering all the problems,
complexities and complications concerning the child brought within its
portals.
21. The Appeal is therefore allowed. The Guardian Court is
directed to recall the dismissal order passed by it and thereafter consider
the Appellant’s application for guardianship expeditiously without
requiring notice to be given to the putative father of the child."
5. The learned counsel for the petitioner would further submit that
the biological father, the accused Stephen Raj has filed an affidavit in the
form of memorandum of compromise in Crl.O.P.No.3638 of 2017 that he is
not having any objection to remove his name as father of the child in the
birth certificate and in any other certificates.
https://www.mhc.tn.gov.in/judis/
W.P.No. 3708 of 2021
6. In view of the above observations, this writ petition is disposed
of with a direction to the respondents to consider the case of the petitioner
in the light of the orders passed by the Hon'ble Supreme Court as well as
this Court as stated supra within a period of eight weeks from the date of
receipt of a copy of this order. No costs.
08.03.2021
kkn
Index:Yes/No
Internet: Yes/No
Speaking / Non-Speaking Order
1.The Registrar of Births and Deaths /
City Health Officer,
Corporation of Greater Chennai,
Rippon Building, Chennai – 600 003.
2.The Registrar of Births and Deaths,
Corporation of Chennai,
Zone-V, Sowcarpet, Chennai – 600 079.
https://www.mhc.tn.gov.in/judis/
W.P.No. 3708 of 2021
B.PUGALENDHI, J.
KKN
W.P.No. 3708 of 2021
08.03.2021
https://www.mhc.tn.gov.in/judis/
