Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
C. C. NO. 366/N/2018
ORDER BELOW EXH. 1
1. The applicant Mr. Ibrahim Sahadat Shaikh has filed this
application for the issuance of directions to the Medical Officer of
Health/ Sub Registrar of Birth and Death H/East Ward, Prabhat
colony for registration of his son's birth.
2. I have carefully perused the application. The notice was issued
to the Respondent. Say received with no objection without
confirmation of home birth for want of proof.
3. The applicant submits that, his son namely, Mohammad Faizal
Ibrahim Shaikh was born on 31.07.2002 at the address
mentioned in the application. I have perused the affidavits of
applicant, affidavit of witnesses and documents. I have also
perused copy of application made by applicant to Medical Officer,
H/East Ward, Bandra for registration of birth of his son,
supported by affidavit of applicant. The facts shows home birth
on the given date.
4. It can be seen that the birth 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 birth 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 birth of applicant's son on accepting
prescribed fees as per rules.
Sd/
( Sudhir N. Shinde)
Date : 11.09.2018 Metropolitan Magistrate, 32nd Court,
ssl. Bandra, Mumbai.
-- 1 of 1 --