Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.No.830/N/ 2019
ORDER BELOW EXH. 1
1] The applicant is praying for direction to respondent to
correct his father's name in the birth record.
2] Sec. 13 of the Registration of Births and Deaths Act, 1969
provides that when the entry of birth or death of a person is not taken
within one year of its occurrence, it can be registered only after the
order of the Magistrate. The wording of the section is very clear and
does not permit any other interpretation. The powers of the
Magistrate are confined only to the extent of permitting delayed entry
regarding birth or the death of the person. The said provision does
not encompass power to effect correction in the name of any person.
It seems that the applicant approached the concerned authorities and
on their refusal, blindly filed this application without going through
the provisions of the Act. Had he taken some pains to refer the Act, he
could have found where the remedy lies. The lethargic approach of
the applicant has led to filing of this application and wasting valuable
time of the court. The prayer of the applicant cannot be considered in
view of clear wordings of Sec. 13 of the Act. However, the applicant is
advised to have a look at Sec. 15 of the Act. In view of the aforesaid
discussion, the application is rejected.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 07012020. 71st Court, Bandra, Mumbai.
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