TITLE: Registrar, Birth And Death registration department V Niteshbhai Narshbhai Mangrola
Decided On-: 27/07/2023
672 of 2023
CORAM: Hon’ble Justice Mr. N.V Doshi and J.C Doshi
INTRODUCTION- The Registered Adoption Deed served as the foundation for the prayer for the father’s name change. The authority refused to comply with the request on the grounds that it required an order from an appropriate court.
FACTS OF THE CASE
In accordance with a registered adoption deed dated 12.12.2019, the child Pal was adopted, making the current petitioner both the child’s father and guardian. It was claimed in the petition to change the name of the father of the aforementioned child that the petitioner had been having trouble processing the Aadhar Card, Bank Account, and Passport of the aforementioned child without the change in the father’s name.
The decision of the learned single judge to grant the petition was eventually contested on a number of grounds. According to the argument, the order was passed based on an incorrect interpretation of the rules. The Adoption Regulations, 2022, Chapter VI were invoked by citing regulations 40, which, among other things, states that the registrar under the Registration of Births and Deaths Act, 1969 must issue birth certificates to adopted children within five days of their application in accordance with any relevant circulars.
COURT ANALYSIS AND DECISION
The decision of the learned single judge to grant the petition was eventually contested on a number of grounds. According to the argument, the order was passed based on an incorrect interpretation of the rules. The Adoption Regulations, 2022, Chapter VI were invoked by citing regulations 40, which, among other things, states that the registrar under the Registration of Births and Deaths Act, 1969 must issue birth certificates to adopted children within five days of their application in accordance with any relevant circulars.
According to the argument made in reliance on Section 15 of the Act, an entry can only be corrected if it is fraudulently or improperly made, or if it is incorrect in form or substance. According to the argument, there was no legal justification under Section 15 of the Act for the child’s father’s name to be changed.
The most important factor in the case’s facts is that the father’s name change was prayed for in accordance with the Registered Adoption Deed. As a result of the Registered Adoption Deed’s execution, the petitioner was legally recognised as the child’s adoptive father. According to the Registration of Births and Deaths Act, the Registered Adoption Deed has legal force. The respondent authority cannot contest the validity or effect of an adoption deed once it has been registered. According to the law, the Registrar must update the Register of Births and Deaths based on the Registered Adoption Deed. The effects of the same cannot be discounted or disregarded.
Appeal Dismissed
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Written by- Steffi Desousa
