Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 4/N/2018.
Salma Khatoon Khan W/o. Arshad Javed Khan. … Applicant
V/s.
The Assistant Municipal Commissioner,
BMC, 'L' Ward, Mumbai 400 70. ...Respondent.
ORDER BELOW EXH.1
Applicant viz. Mrs. Salma Khatoon Khan W/o. Arshad Javed
Khan filed the present application seeking birth registration of her son. It
is contended by applicant that, she is legally wedded wife of Mr. Arshad
Javed Khan and out of their wedlock a male child viz. Mohd. Zaid Khan,
was born on 22/03/2007 to her at home i.e. Gala No.5, Gulshan Market,
Khairani Road, Sakinaka, Mumbai400 072 . She further submitted that,
due to ignorance of rules and regulations in pursuant of registration of
birth of her son by them not pursue to the respondent, as per section 13
(3) of M. R. B. D. Act. It is further submitted by applicant that, as per
provision under section 13 (3) of M. R. B. D. Act, 1969 an order of
Metropolitan Magistrate is required for registering birth date of said
person, in municipal record.
2. Here, I would like to introduce observation of Honourable
Bombay High Court, laid down in Nincy Mohan Baby V/s. Child Welfare
Committee of Nagpur & others, through it's chairman, in Criminal Public
Litigation No.4/13 , wherein their Lordship underlines the empowerment
of Judicial Magistrate or Presidency Magistrate under section 13 (3) of
Registration of Birth and Death Act, 1969. For sake of convenience, I am
reproducing section 13 (3) of Act, referred in the above citation.
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13 (3) : Any birth or death which has not been registered
within one year of it's occurrence, shall be registered
only on an order made by a Magistrate of the First
Class or a Presidency Magistrate after verifying the
correctness of the birth or death and on payment of the
prescribed fee.
3. Honourable Lordship in the above referred Public Interest
Litigation observed that, provision of Rule 13 (3) of the Registration of
Birth and Death Rule, 1976 to that extent must yield to section 13 (3) and
also therefore, needed to be taken into consideration. Hence, authority
like Executive Magistrate mentioned in Rule 13 (3) does not possess
jurisdiction to pass any order availing delay to registration of birth or
death. Per contra, Magistrate can entertain the application in view of
above provision.
4. In support of the application applicant have filed her affidavit
on record. It is at (Exh.4 ). Applicant have filed supporting documents
including Copy of Ration Card, Copy of her Aadhar Card, Copy of
Vaccination Card. (Exh.3 ) is evidence of applicant in the form of affidavit.
(Exh.5 and 6 ) are affidavits of Sharefunnisa W/o. Abrar Ahmed Khan and
Momina Khatoon W/o. Mushtaque Ahmed Khan, stating that they know
applicant and she delivered her son viz. Mohd. Zaid Khan, at home on
22/03/2007, supported with copy of their Aadhar Cards and Ration Cards.
It seems from above documents that, Mohd. Zaid Khan, is real son of Mr.
Arshad Javed Khan and Mrs. Salma Khatoon Khan W/o. Arshad Javed
Khan. Respondent filed his say at (Exh.9 ) and recommended to
applicant. Accordingly, I pass following order.
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C. C. No. : 4/N/2018. ~3~
O R D E R
1] Application of applicant viz. Mrs. Salma Khatoon Khan
W/o. Arshad Javed Khan, is hereby allowed.
2] The Assistant Municipal Commissioner, BMC, 'L' Ward,
Mumbai 400 70 , is hereby directed to issue Birth
Certificate of male child viz. Mohd. Zaid Khan, son of Mr.
Arshad Javed Khan and Mrs. Salma Khatoon Khan W/o.
Arshad Javed Khan, born on 22/03/2007 delivered at
home i.e. Gala No.5, Gulshan Market, Khairani Road,
Sakinaka, Mumbai400 072 , under the Provisions of
Registration of Birth and Death Rules.
Date :14/02/2018.
Srd.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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