• Petition to High court for late birth registration

Hi Shaveta,
My husband is in need of my birth certificate for spouse visa purpose to join me. He has a passport, PAN Card, driving license, Adhaar card and all other relevant Indian Govt. designated ID proofs.
The issue in his case is when submitting passport application form he filled in the name of his village where he was born in 1987 but he has no formal papers from his village (in rohtak) that he was born there, also his birth was at home, not hospital.
His parents moved to Delhi and settled there few months after his birth so all his documents are of Delhi address (School certificate, DL, etc..).
Now because his passport has his village as place of birth, the embassy of the country he is applying spouse visa for wants his birth certificate matching the passport particulars.
The SDM and Birth registrar of his village (rohtak) as per process claims that they will not accept his file/petition for late registration without a local address proof of 1987 which unfortunately he dont have only except for place of birth written mentioned on passport.
What can we do in this case? File a peition against birth registrar and SDM in high court to issue me him birth certificate? or have passport place of birth changed to Delhi? Please guide us. How much time will this take and does he have to go for hearings every-time? please guide us a process, we are looking for real time and serious legal advise as this one document is holding us to stay together.

Kind Regards,
Prakriti
Asked 7 years ago in Civil Law

11 answers received in 1 day.

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13 Answers

Registration of Birth and Death Act 1969 is extract in reproduced here:

S-13-

13- Delayed registration of births and deaths

1. Any Birth of which information is given to the Registrar after the Expiry of the period specified therefore, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed.

2. Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be resisted only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorized in this behalf by the State Government.

3. Any Birth or Death which has not been registered within one year of its occurrence shall be registered only on an order made by a Magistrate of the First class or a Presidency Magistrate after verifying the Correctness of Birth and Death and on payment of the prescribed fee.

2) you have to make application to magistrate for registration of birth 

3) enclose school leaving certificate which reflects date , place of birth , affidavit of his parents 

4) 

In 1998 Crl.L.J.2797 (Mayank Rajput v. State of U.P.) the Allahabad High Court after following the principles laid down by the Hon'ble Supreme Court has held that entry made in high school certificate is presumed to be correct and burden lies on either side to prove it or otherwise. In the said judgement, it is also observed that, (Para 32) reference was made to earlier decision of the Hon'ble Supreme Court in Mohd. Ikram Hussain v. State of U.P.,(1964) 5 SCR 86, 10 : AIR 1964 SC 1625 : (1964 (2) Cri LJ 590) wherein certified copies from school registers were produced along with the affidavit of the father stating the date of her birth. The Hon'ble Supreme Court held that these amounted to evidence under the Indian Evidence Actand entries in the school registers were made ante litem motam. Further, in the same Allahabad High Court decision, another judgment of the Hon'ble Supreme Court in Amrutlal Someshwar Joshi v. State of Maharashtra (II), 1994 SCC (Cri) 1604 : (AIR 1994 SC 2516) is referred, wherein, it was held that school leaving certificate can be acted upon with reference to the date of birth given in the certificate.

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

though you have addressed your query to SHAVETA only still I am giving a very short reply,

contact panchayat member or sarpanch of said village and try to get a copy of birth registration register, which usually kept in custody of village chowkidaar, if his entry is found in the chowkidaar register, you can get the certificate else nothing can be done except correction in passport.

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. SDM and Registrar are right. UNless your husband produces documentary evidence to prove that he was a resident of that place at the time of his birth they cannot register his birth. The documentary evidence can be the proof of residence of his parents at the time of his birth. If he is able to produce any such proof and even then he is not issued birth certificate then only your husband would have his remedies before the court, not otherwise.

2. The place of birth in the passport also cannot be changed without required documentary proof.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1)Birth Certificate is one of constitutional right of every individual.. 

2) You need to engage a local lawyer and file a case against Birth and Death registrar. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See if there is no documentary proof as such of the village then a petition in high court  can be filed seeking direction for authorities to issue birth certificate and in support of petition Affidavit for same can be filed.

The writ petition in high though won't take much long but can atleast take 2-3, months and depending upon pendency of case.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It will be better to change the address and that is also you can do online, option of which is available on their site, going in litigation will delay the matter undefinitely.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

  1. As per the information mentioned in the present query, makes it clear that SDM and other government authority has been talking in abeyance of the law.
  2. Yes, there try that he may need local residential address, but at the same time if the person doesn’t have so then he can give the affidavit stating in oath that he was there and can give any proof of having there parents there in the village at the time of birth (this may put up your case in your favour).
  3. Yes, you should file a Writ petition in the nature of Mandamus under article 226 of our Constitution seeking directions to the authorities to issue him late birth certificate.
  4. Once you do that then you may be have to go through the three tier process for getting the same and high court order would help you for  sure in expeditious manner.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) You better change in passport birth place as Delhi, that will too fast as of now Rohtak officer is not accepting your application to provide birth certificate.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to file a writ petition for the same in HC. HC will issue directions to the said sub registrar and department

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Hi,

If possible submit the affidavit in this regard and get the things done. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. He should execute an affidavit before a 1st class judicial magistrate of his place  affirming that  he was born at that village in Rothak  on that particular dfate when his parents stayed at a particular address and shortly thereafter shifted to Delhi  for which the birth registrar of his village is required to issue him the birth certificate.

 

2. Based on the above affidavit, the said registrar will issue the birth certificate for him.

 

3. If he still refuses to issue the birth certificate (which is very unlikely), he can file a Writ Petition against inaction of the said birth registrar praying for a direction upon him to issue the birth certificate based on the said affidavit.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If he is required to give birth certificate, he can obtain a certificate certifying his date of birth as per service records from his office. 

If that is not accepted then he may have to file a suit seeking to direct the concerned authority to issue the birth certificate based on his application and the documentary proofs he submitted before court to support his claim.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

His parents must have local address proof of village ?

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

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