The recent decision of a Division Bench of kera high court Court in Malavika's case (ILR 2009 (4) Ker. 591) has elaborately considered this question. After referring to the legal provisions and the circular dated 24.3.11997, issued by the Chief Registrar, it was held thus in para 4:
"Going by the purpose of the enactment and the scheme for registration and for correction in the entries therein, it is unambiguously clear that corrections either in form or substance is permissible. The only pre-condition is that the Registrar should be satisfied that the entry in the register regarding birth or death was erroneous in form or substance or the same has been fraudulently or improperly made. The entry in the register means the entries on the name and the particulars regarding the relationship, place and date. If the correction is sought within five years, the satisfaction need only be at the level of the Registrar and if the correction is sought to be made after five years, the corrections can be made only on the satisfaction of the Chief Registrar. The identity of the person concerned is the crucially relevant factor, as far as correction of the name is concerned and as far as the correction of the date, place and other particulars are concerned, in case there had been any mistake, in the original entry and if the Registrar is satisfied that the same is erroneously entered, he has to exercise his power to permit the correction. The law does not contemplate a person to have a wrong name in the register or a mistaken identity in the register or to have wrong particulars regarding the date, place etc. in the register of birth or death. It is also to be noted that the Registration of Births and Deaths Act, 1989 does not create or extinguish any right; the Act is intended only to regulate the process and procedures of registration of births and deaths and the correction of any such entry. Once the Act permits such correction either in form or substance, the Rules are intended only to regulate the procedure and not to prohibit such correction. The subordinate legislation by way of rules, notifications, circulars etc. cannot restrict the scope of the plenary legislation. Conversely they cannot expand the scope either as far as the correction of the entries in the register of birth or death is concerned. Section 15 only contemplates that the Registrar should be satisfied as to the mistake in the entry. The section clearly states that the correction can either be in the form or substance also. Rule 11 would also indicate that once the Registrar is moved for correction of any entry in the register of birth or death, it is mandatory on his part to enquire into the matter and once he is satisfied that the entry is erroneous, the rule mandates that the correction should be made as required under Section 15 of the Act."