Final Order 1

Order Details: Copy  of Judgment
Pdf Text: ~1~ Judgment C. C. No. : 930/N/2018
Filed on : 17/07/2018.
Registered on : 17/07/2018.
Decided on : 23/10/2018.
Duration : 0 Y., 03 M., 06 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
(Presided by R. M. Nerlikar)
Javed Rafique Khan.
Age : Adault.
Occ. : Nil.
R/o. : Kasam Nagar, Link Road,
Near Laxmi Industrial Estate,
Andheri (W), Mumbai53.
.. Applicant.
V/s.
The Ward Officer,
Health Department,
K/WWard, B.M.C.,
Andheri (W), Mumbai.
.. Respondent.
Application for registration of birth
Ld. Advocate for applicant. : Mr. F. H. Shaikh.
J U D G M E N T
(Delivered on 23/10/2018)
The applicant has made this application for
registration of birth date of his daugher viz. Shabina.
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~2~ Judgment C. C. No. : 930/N/2018
2. In short it is the case of the applicant, Mrs.
Shabana Javaed Khan is his legally wedded wife and out of
their wedlock a female child viz. Shabina Javed Khan born on
11/06/1996, at home, i.e. at Kasam Nagar, Link Road, Nr.
Laxmi Ind. Estate, Andheri (W). Due to inadvertence, he
could not register her date of birth within 30 days, as
contemplated U/Sec. 8 and Rule5 of the M.R.B.D. Rules 1969
and 1976. As per provision of section 13 (2) of the R.B.D. Act
an order of the Magistrate is required to register the date of
birth. Therefore, he prayed to direct respondent to register the
date of birth of his daughter in it's record.
3. Notice to the respondent is issued, it was served
upon it. It appears that, respondent filed his say, at (Exh.7),
which disclosed applicant has not produced any satisfactory
documentary evidence regarding birth of his daughter, prayed
for appropriate order.
4. Heard Ld. Counsel Mr. F. H. Shaikh, for the
applicant.
5. The points for determination along with my
findings thereon are, as under...
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~3~ Judgment C. C. No. : 930/N/2018
SR. NO. POINTS FINDINGS
1 Whether applicant proves, his
daughter viz. Shabina born, on
11/06/1996, at his home ?
No.
2 Whether applicant proves, his date of
birth was not recorded with B.M.C.
record?
No.
3 What order ? As per final
order.
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 not
examined any witness. The applicant has produced
documentary evidence in support of his claim, those are xerox
copy of his Ration Card, xerox copy of Electricity Bill, xerox
copy of his Aadhar Card, xerox copy of his PAN Card, xerox
copy of School Leaving Certificate of his daughter issued by
Ismail Abdulla Questhi High School.
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~4~ Judgment C. C. No. : 930/N/2018
8. 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
his Ration Card, Electricity Bill, his Aadhar Card, his PAN
Card, School Leaving Certificate of his daughter issued by
Ismail Abdulla Questhi High School, there no documentary
evidence on record to show that, the daughter of applicant
born on 11/06/1996. In the absence of it xerox copies
submitted by applicant is of no use.
9. The Ld. counsel for applicant submitted that, he
has placed on record the documents those are xerox copy of
his Ration Card, xerox copy of Electricity Bill, xerox copy of
his Aadhar Card, xerox copy of his PAN Card, xerox copy of
School Leaving Certificate of his daughter issued by Ismail
Abdulla Queshi High School. 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 that documents.
10. If considered these aspects, it is difficult to hold the
daughter of applicant born on 11/06/1996. Therefore, same
cannot be considered. Considering above said aspects
applicant miserably failed to prove his case. Therefore, I
answer point No. 1 and 2 in negative.
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~5~ Judgment C. C. No. : 930/N/2018
AS TO POINT NO.3 :
11. In view of above discussion the applicant has failed
to proved his case. Therefore, he is not entitled for the relief,
as prayed for. The application is required to be rejected.
Accordingly, I pass the following order.
ORDER
1] The application is hereby rejected.
2] No order as to cost.
Date 23/10/2018.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
Dictated on : 23/10/2018.
Transcribed on : 25/10/2018.
Signed on : 26/11/2018.
SRD.
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