• Wrong birth date in School Leaving Certificate


My husband is in already in US on valid visa through a software company. He needs to produce either birth certificate or school leaving certificate for further processing. Due to non-availability of birth certificate and record, we have filed a petition in THE COURT OF THE JUDICIAL MAGISTRATE. We have attached passport copy as the evidence. Corporation would require the court order to generate the birth certificate. Due to wrong date in School Leaving Certificate we cannot provide it as secondary  evidence. Now we understand that even the new birth certificate would  not sufficient as it was not acquired within one year after the birth. Birth Date in school leaving certificate is wrong and school is refusing to change it now. We do not have other proof except passport, mother's sworn affidavit and Transfer Certificate from college where he did his  post graduation (Birth Date was corrected here but no birth place mentioned). We have to continue with the current birth date as it is on  passport. My husband is using the current birth date from all his foreign travels.  Please guide how can we proceed?
Asked 2 years ago in Civil Law from Pune, Maharashtra
If the birth certificate through Corporation on the orders of competent court will not serve the purpose, better skip that process.
You can apply for birth certificate with the Corporation authorities mentioning the correct date of birth, if the authorities refuse to give the same since their records show a different date, ask them to give the same in writing and after that by impleading them as a sparty and on the basis of that refusal you may file a suit before the jurisdictional civil court for declaring the correct date of birth as per the passport and the judgement copy will be sufficient to solve the purpose. 
T Kalaiselvan
Advocate, Vellore
35725 Answers
387 Consultations

5.0 on 5.0

1) school will not change date of birth in school leaving certificate after many years without court orders. and would insist on production of birth certificate 

2) on basis of birth certificate  issued by the muncipal corporation as per court orders   you can  then  obtain orders for correction of date of birth in school leaving certificate 
Ajay Sethi
Advocate, Mumbai
45570 Answers
2677 Consultations

5.0 on 5.0

1. Before proceeding against the corporation you ought to have filed the petition against his school which has refused to rectify the date of birth in his school leaving certificate.

2. Failure to obtain the birth certificate within a year from the date of birth does not render nugatory the birth certificate subsequently acquired.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

try to expedite the petition before the judicial magistrate, if this is achieved then you need not worry at all in trying to find a legal document to prove his date of birth.
Kiran N. Murthy
Advocate, Bangalore
998 Answers
89 Consultations

5.0 on 5.0

Hi sir/madam, after getting the birth certificate from the birth and death registrar office on the basis of court order. You have to submit the same alongwith school refused endorsement and to fie issued a legal notice to the concerned school and colleges if wherever is necessary in the records of schools and also to issued a legal notice to the concerned DDPI, State of Maharashtra Chief Secretary for the same, from the date of  receipt of the legal notice and after two months (60 days) you have to file civil suit for declaration of change of name from the old to New name and to conduct the matter and to get the decree and the same decree copy to be submit before school and they will rectify or entered in the said school records in their school registers, it is the procedure. It will very helpful to you and your child in future. 
C. V. Jadhav
Advocate, Bangalore
381 Answers
15 Consultations

4.5 on 5.0

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