Final Order 1

Order Details: Copy  of Judgment
Pdf Text: ~1~ Judgment C. C. No. : 998/N/2018
Filed on : 26/07/2018.
Registered on : 26/07/2018.
Decided on : 05/10/2018.
Duration : 0 Y., 02 M., 09 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
(Presided by R. M. Nerlikar)
Meena Bhagat Singh Vishwakarma.
Age : Adult.
Occ. : Nil.
R/o. : 78, Adarsh Rahivasi Sangha,
Nansi Munshi Chawl, Chandivali Farm
Road, Ambedkar Nagar, Near Kamani
Oil Mills, Andheri (E), Sakinaka,
Mumbai.
.. Applicant.
V/s.
Assistant Municipal Commissioner
B.M.C.L. Ward, Kurla, Mumbai.
.. Respondent.
Application for registration of birth
Ld. Advocate for applicant. : Mr. Udaipratap Chauhan.
J U D G M E N T
(Delivered on 05/10/2018)
The applicant has made this application for
registration of birth of her son.
-- 1 of 5 --
~2~ Judgment C. C. No. : 998/N/2018
2. In short it is the case of the applicant, her marriage
solemnized with Mr. Bhagat Singh Vishwakarma and out of
said wedlock she begotten one child on 17/02/1995, at her
residence at Andheri (E), Sakinaka, Mumbai, in that regard
she filed record of vaccination, she also filed leaving certificate
issued by Shri. G. P. M. Junior Collage, Andheri, Mumbai,
which disclosed date of birth of her son is 17/02/1995. Due
to ignorance she had not recorded birth of her son to BMC
and now as per provision under Registration of Birth and
Death Act an order of Court is required. Hence, prayed to
direct respondent to register the birth for her son viz. Mohan,
as 17/02/1985 in it's record.
3. Respondent filed his say, at (Exh.4) and stated
that, the name of son of applicant was not entered in the
relevant record of birth, prayed for appropriate order.
4. Heard Ld. Counsel Mr. Udaipratap Chauhan, for
the applicant.
5. The points for determination along with my
findings thereon are, as under...
-- 2 of 5 --
~3~ Judgment C. C. No. : 998/N/2018
SR. NO. POINTS FINDINGS
1 Whether applicant proves, she
begotten male child, on 17/02/1995,
at her home ?
Yes.
2 Whether applicant proves, she has not
recorded name of her male child with
BMC record?
Yes.
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 examined
Meena Bhagat Singh Vishwakarma, as (P.W.1) , at (Exh.5).
She has produced documentary evidence in the form of
extract of BMC Certificate, True Copy of Leaving Certificate
issued by Shri. G. P. M. Junior College, True Copy of Ration
Card.
8. If minutely read evidence of Meena Bhagat Singh
Vishwakarma, (P.W.1) it revealed that, she stated by virtue of
-- 3 of 5 --
~4~ Judgment C. C. No. : 998/N/2018
marriage with Mr. Bhagat Singh Vishwakarma, she begotten
one male child on 17/02/2018, at her home. Same fact
corroborated with witness, copy of extract issued by BMC as
well as Leaving Certificate issued by Shri. G. P. M. Junior
College, wherein date of birth is shown as 17/02/1995.
9. The evidence corroborated with documentary
evidence. Further it appears that the respondent not
expressed any objetion for entering name in it's record, as
same did not appear in the record.
10. Considering these aspects, applicant has prove, she
begotten male child on 17/02/1995, at her home, at Andheri,
Sakinaka, Mumbai. Further male child begotten to applicant,
whose name has not entered in the Birth Register of BMC. In
these circumstances respondent is required to be directed to
enter name of male child of applicant namely Mohan Bhagat
Singh Vishwakarma in the relevant record of birth register.
Accordingly, I answer point No. 1 and 2 in affirmative.
AS TO POINT NO.3 :
11. In view of above discussion the applicant has
proved her case. Therefore, application of applicant is
required to be allowed. Accordingly, I pass the following
order.
-- 4 of 5 --
~5~ Judgment C. C. No. : 998/N/2018
ORDER
1] Application of applicant viz. Mrs. Meena Bhagat
Singh Vishwakarma, is hereby allowed.
2] The respondent, The Assistant Municipal
Commissioner, B.M.C.L. Ward, Kurla, Mumbai
is hereby directed to issue Birth Certificate of
male child viz. Mohan, son of Mr.Bhagat Singh
Vishwakarma and Mrs. Meena Bhagat Singh
Vishwakarma, born on 17/02/1995 delivered at
home i.e. 78, Adarsh Rahivasi Sangha, Nansi
Munshi Chawl, Chandivali Farm Road,
Ambedkar Nagar, Near Kamani Oil Mills,
Andheri (E), Sakinaka, Mumbai, under the
Provisions of Registration of Birth and Death
Rules.
Date 05/10/2018.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
Dictated on : 05/10/2018.
Transcribed on : 05/10/2018.
Signed on : 23/10/2018.
SRD.
-- 5 of 5 --