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2019 DIGILAW 603 (KER)

Subi Krishnankutty, D/o. Krishnankutty v. Panchayath Director and Chief Registrar of Birth and Deaths

2019-07-26

A.MUHAMED MUSTAQUE

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JUDGMENT : 1. In the birth register there are two columns in regard to the address of the child. One is the place of birth and other is the address of the parents. The question is whether any change can be effected in regard to the permanent address shown in the birth register in regard to the parents. 2. The petitioner is the mother of Goutham Krishna, who was born in the wedlock with Dileep. At that time the permanent address was that of his father. Thereafter, the petitioner, the mother of the child was separated from her husband through a decree of divorce. The permanent custody of the child was also given to the petitioner. The petitioner has her own residence. The petitioner wants to incorporate the permanent address of the child as that of her. 3. The Registrar of Births and Deaths resisted the prayers stating that the enabling provision relates only to correct any mistake in the register that is referable under Section 15 of the Registration of Births and Deaths Act read with Rule 11. The question is whether any other corrections can be carried out or not. By going through Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11, it is possible to say that the correction can be only made on account of the circumstances mentioned therein. This is not a case that falls under Section 15. There are no statutory provisions under the registration of Births and Deaths Act or Rules to meet the circumstances the petitioner encounters. Further the question is whether there is power referable under law. It is to be noted that there is no provision under the aforesaid Act or Rules to incorporate any changes consequent upon such events which are not contemplated under the Act or Rules. In such circumstances, it has to be dealt under Section 21 of General Clauses Act, 1897. The power under this Section also includes the power to amend, vary or rescind such action under public law. Therefore, there is no difficulty in acting upon the request of the petitioner. When permanent address has changed permanently, there is no point in rejecting the request for effecting changes in permanent address of the parties. Therefore, the impugned order is set aside. Therefore, there is no difficulty in acting upon the request of the petitioner. When permanent address has changed permanently, there is no point in rejecting the request for effecting changes in permanent address of the parties. Therefore, the impugned order is set aside. The Registrar of Births and Deaths is directed to effect the changes in accordance with the permanent address furnished by the petitioner without any delay, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.