Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH 1 IN 1008/N/2021
CNR No.MHMM180061262021
1. The applicant Mrs. Shagufta Hasan Sayyed Zaidi has filed
this application for the issuance of directions to the Medical Officer of
Health/ Sub Registrar of Birth and Death H/East Ward, MCGM office,
Santacruz (E), for registration of death of her mother – Akhtari Bano
Sayed Sibtay Hassan.
2. I have carefully perused the application. The notice was
issued to the Respondent. Say received with confirmation of non
registration of death of Akhtari Bano Sayed Sibtay Hassan.
3. The applicant submits that, her mother namely, Akhtari
Bano Sayed Sibtay Hassan was died on 12.04.2020 at the house at
Momin Building, J/19, A.K. Marg, Ahmed Zakaria Marg, Bandra (E),
Mumbai. I have perused the affidavit of applicant and documents. I
have also perused the newspaper circulation in Maharashtra Times and
Times of India respectively dated 22.03.2022 and 22.03.2022. The facts
shows death on the given date.
4. It can be seen that the death was not reported within
stipulated period of one year. Section 13 of the Registration of Birth
and Death act 1969 speaks about delayed registration of births and
deaths. Its sub section 3 empowers the court of Judicial Magistrate for
registering the delayed death which is more than one year from its
occurrence. The contention and the documents filed by the applicant
appears to be correct and hence following order is passed :
ORDER
1. The Application is allowed.
2. The Medical officer of Health/ Sub Registrar of
Birth and Death. H/ East ward is hereby directed to
register the death of applicant's mother on
accepting prescribed fees as per rules.
Date : 04.02.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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