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2019 DIGILAW 762 (PNJ)

Dharmjit Bangarh v. State Of Punjab & Another

2019-03-08

TEJINDER SINGH DHINDSA

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JUDGMENT Tejinder Singh Dhindsa. J. (Oral) - Petitioner has filed the instant writ petition seeking issuance of a Writ of Mandamus for directing the respondent authorities to carry out an amendment in the Marriage Certificate dated 27.1.2011 and for the name of the petitioner to read as Dharmjit Bangarh instead of Dharmjit. 2. Apparently the request of the petitioner stands declined vide communication dated 21.11.2018 (Annexure P-3) issued by the Assistant Commissioner (J) office of Deputy Commissioner, S.B.S. Nagar. Counsel submits that even though there is no specific prayer for quashing of the communication dated 21.11.2018 at Annexure P-3, yet, in view of the main prayer seeking the amendment in question, the validity thereof be also examined and a view be taken. Counsel for the parties have been heard at length and pleadings on record have been perused. 3. Brief facts of the case are that a certificate of marriage dated 27.1.2011 (Annexure P-l) under the Special Marriage Act, 1954 was issued by the District Marriage Officer-cum-Deputy Commissioner, S.B.S. Nagar certifying that on 27.1.2011 Dharmjit son of Mohan Lai and Reena Kumaridaughter of Vijay Kumar have solemnized marriage under the Act. 4. The prayer of the petitioner for an amendment to be carried out in such certificate and his name to be read as Dharmjit Bangarh instead of Dharmjit stands declined vide communication dated 21.11.2018 (Annexure P-3). 5. Declining of the request of the petitioner is sought to be justified by the State on the strength of Section 49 of the Special Marriage Act, 1954 and which reads as under:- "49. Correction of errors.QX -Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof. (2) Every correction made under this section shall be attested by the witnesses in whose presence it was made. (2) Every correction made under this section shall be attested by the witnesses in whose presence it was made. (3) Where a copy of any entry has already been sent under section 48 to the Registrar-General or other authority the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made." 6. Learned State counsel would attempt to impress upon this Court that as per Section 49 of the Special Marriage Act, 1954 reproduced herein above, it is only the correction of an error committed at the time of issuance of a Marriage Certificate that is permissible. Further urged thateven such correction, if at all, can be carried out within a period of one month of the date of the discovery of the error. It is, however, conceded that there is no specific rule under the Act to entertain the request as regards amendment/addition in a Marriage Certificate. In the considered view of this Court, the stand taken on behalf of the State is not well founded. 7. The petitioner herein was not seeking the correction of any error that had crept into the Marriage Certificate dated 27.1.2011 (Annexure P-l). Documents placed on record would indicate that the petitioner had started employing his sur name 'Bangarh' after his first name Dharmjit subsequent to the issuance of the Marriage Certificate. Such factual premise is borne out of the documents placed on record i.e. copy of the Passport which has been issued on 16.11.2017 reflecting name of the petitioner to be Dharmjit Bangarh. Further placed on record is the copy of the Aadhar Card issued by the Unique Identification Authority of India which also reflects the name of the petitioner to be Dharmjit Bangarh. Even the State of Punjab, Health and Family Welfare Department/Chief Registrar, Births and Deaths, Punjab has issued a Birth Certificate in favour of the petitioner dated 21.8.2018 reflecting his name as Dharmjit Bangarh and father's name as Mohan Lai. 8. The authenticity of such documents placed on record at Annexure P-2 (colly) is not under doubt. The Passport, Aadhar Card as also Birth Certificate at Annexure P-2 (colly) were issued after issuance of the Marriage Certificate at Annexure P-l. 9. 8. The authenticity of such documents placed on record at Annexure P-2 (colly) is not under doubt. The Passport, Aadhar Card as also Birth Certificate at Annexure P-2 (colly) were issued after issuance of the Marriage Certificate at Annexure P-l. 9. In other words, it is not a case of correction of error in the Marriage Certificate but a change/amendment that was being sought on thestrength of documents issued subsequent to the Marriage Certificate. Section 49 of the Special Marriage Act, 1954, as such, would have no applicability in the facts of the present case. 10. Even if there be no specific rule/provision under the Special Marriage Act, 1954 to deal with the amendment sought for, learned State counsel has not been able to advert to any specific bar thereunder. 11. In a situation where the contents of a Passport, Aadhar Card as also Birth Certificate at Annexure P-2 (colly) are not under dispute and the same having been issued after the Marriage Certificate dated 27.1.2011 (Annexure P-l), there would be no impediment in carrying out the necessary change in the Marriage Certificate and for the petitioner's name to read as Dharmjit Bangarh instead of Dharmjit. This would be more so as parentage of the parties remains intact. For the reasons recorded above, the communication dated 21.11.2018 (Annexure P-3) is set aside. 12. Directions are issued to respondent no.2 to issue in favour of the petitioner an amended Marriage Certificate wherein his name would be reflected as Dharmjit Bangarh instead of Dharmjit. Needful be done within a period of two weeks from the date of receipt of a certified copy of this order. 13. Petition is allowed in the aforesaid terms.