Date of birth issue on passport
I got my passport 9 years back from Bangalore and its up for renewal in 10 months. I'm from Karnataka. Previously, I used my 10th marks card as a proof for date of birth, since i didn't have the birth certificate handy. During registration into schooling, my parents neglected the error committed by school admins. The 10th marks card has incorrect date which ended up in passport as well. My birth certificate (BC) has the correct DoB. The DoB on BC, is just one day off.
I want to correct my passport and bring it in line with birth certificate. Passport office is now asking for court order for the same. How to go about this ?
Asked in Civil Law from United States
1. If the matric certificate had an inaccurate date of birth then you should never have used it. You are liable to be prosecuted and punished with imprisonment for 2 years for furnishing inaccurate details.
2. You should be thankful to the RPO that it has merely asked you for a court order to incorporate your correct date of birth in the passport and has not prosecuted you.
3. To obtain the necessary orders from the court you are required to file a lawsuit.
You may have file a declaratory suit to declare suit seeking the court's intervention to declare your correct date of birth.
You should also made changes in your 10th mark card.File suit for declaration of correctness of date of birth before First class judicial magistrates /Sub-divisional magistrate's (civil court) court order, if change in DoB is more than 2 years or in case of conflicting documents.
1) you have to apply for reissue of passport to get date of birth changed in your passport
2) you would need court order issued by first class judicial magistrate
3) contact a local lawyer in this regard
You need to file C.Misc. Petutin to recitify the errors in Magistrate court. Once you are back in India please approach advocate to complete thebformalirlties. It may take Max 15 days to complete.
1. File a declaratory suit before the local Civil Court praying for a declaration that your actual date of birth is what has been mentioned in your birth certificate which was wrongly mentioned by your father while filling up form for schiool admission and also pray for direction upon the passport and also the school board to issue the passport and school leaving certificate mentioning your date of birth as what has been mentioned in your birth certificate,
2. Also add to your above prayer a direction upon all other educational institutes and univercities to rectify your date of birth recorded with then and issue corrected educational certificates to you.
Apply for re-issue of passport to get the Date of Birth changed in the passport. there is separate procedure for reissuing. However for obtaining the re-issue you need to get an order from the court declaring the change in the date of birth. For that you need to give specific reasons before the Magistrate for obtaining the declaration in your favour.
1. First you have to get correction in High School certificate, by filing affidavit and publication in news paper.
2. But most reliable and acceptable medium for correction is to file suit under sec 34 of Specefic relief act.
3. consult a local lawyer and file that suit.
4. don't forget to make education board and passport officer as a opposite parties.
5. Court will give notice to every parties and thereaftr court's decision will be binding on them.
6. If court passes order in your favour then changes in all the document will taken place immediately and you'll no need to file separate applications. this process will take not more than 6 months.
In Ibrahim vs State Of Rajasthan it is held by the supreme court that judgment of small causes court in suit under section 34, i.e. declaratory decree, is binding on all the authority . That decree has the same probative force as regular suit. defendant is under duty to follow its judgment.