Final Order 1

Order Details: Order
Pdf Text: 1
Filed on : 15/01/2019.
Registered on : 15/01/2019.
Decided on : 30/04/2019.
Duration : 0 Y., 03 M., 15 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
(Presided by R. M. Nerlikar)
C.C. NO. 96/N/2019
Shabana Javed Khan
R/o. :- Kasam Nagar, Link Road,
Near Laxmi Indl. Estate, Andheri (W),
Mumbai – 400 053.
.. Applicant.
V/s.
The Ward Officer, Health Department
K/West Ward, BMC, Andheri (W),
Mumbai.
.. Respondent.
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Application for registration of female child birth
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Ld. Advocate for applicant. : Mr. Ramlal Kushwaha
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J U D G M E N T
(Delivered on 30/04/2019)
The applicant viz. Shabana Javed Khan has made this
application for registration of birth place and date of her
daughter viz. Shabina Javed Khan.
2. In short it is the case of the applicant, her daughter
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viz. Shabina Javed Khan was born, on 11/06/1996, at home,
i.e. Kasam Nagar, Link Road, Near Laxmi Indl. Estate, Andheri
(W), Mumbai. Due to inadvertence, she could not register her
date of birth before the birth registrar. Therefore, she prayed
to direct respondent to register the birth of her daughter in it's
record.
3. Notice to the respondent was issued, it was served
upon it. Respondent has filed his say.
4. Heard Ld. Counsel Mr. Ramlal Khushawah, for the
applicant.
5. The points for determination along with my findings
thereon are, as under...
SR. NO. POINTS FINDINGS
1 Whether applicant proves, her son viz.
Shabina born, on 11/06/1996, at her
home ?
No.
2 Whether applicant proves, her date
and place of birth was not recorded
with B.M.C. record?
No.
3 What order ? As per final
order.
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R E A S O N S
AS TO POINT NOS.-1 AND 2 : -
6. These points are interlinks with each other,
therefore, I am discussing the same together.
7. In order to prove the case, applicant has examined
herself as (A.W.1) at (Exh.-5) and Javed Rafiq Khan as (A.W.2)
at (Exh.-6). She closed her evidence by filing pursis at
(Exh.7).
8. If minutely read evidence of applicant it reveals that,
she narrated same facts as narrated in the application. The
sum and substance of her evidence disclosed her daughter viz.
Shabina born on 11/06/1996, at home i.e. above mentioned
address.
9. The applicant has produced documentary evidence in
support of his claim, those are xerox copy of school leaving
certificate of her daughter Shabina, xerox copy of her Aadhar
Card and the Aadhar Card of her daughter Shabina, xerox
copy of her ration card and xerox copy of Pan Card of her
daughter Shabina.
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10. If read section 13 (3) of M. R. B. D. Act of 1969, it
cast responsibility upon the Magistrate to verify the claim of
the applicant. Apart affidavit of applicant and xerox copies of
aforesaid documents, there is no documentary evidence on
record to show that, the son of applicant born on 11/06/1996.
In the absence of it, xerox copies submitted by applicant is of
no use.
11. The Ld. counsel for applicant submitted that, he has
placed on record the aforesaid documents. As above said
documents are xerox copies, same cannot be read in the
evidence. Further, they are not proved in accordance with
law, as no efforts were made on behalf of the applicant to
prove those documents.
12. If considered these aspects, it is difficult to hold that
the daughter of applicant, born on 11/06/1996, at her home.
Therefore, same cannot be considered. Considering all these
aspects, I answer point No.-1 and 2 in negative.
AS TO POINT NO.-3 : -
13. In view of above discussion the applicant failed to
proved her case. Therefore, she is not entitled for the relief, as
prayed for. The application is required to be rejected.
Accordingly, answer point No.-3 and I pass the following
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order.
ORDER
1] The application is hereby rejected.
2] No order as to cost.
Date 30/04/2019.
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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