Final Order 1

Pdf Text: ~1~ Judgment C. C. No. : 1096/N/2018
Filed on : 13/08/2018.
Registered on : 13/08/2018.
Decided on : 14/02/2019.
Duration : 0 Y., 06 M., 01 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
(Presided by R. M. Nerlikar)
Rajkumar Keshav Yadav.
Age : Adault. Occ. : Nil.
R/o. : Building No. 16, Room No.
506, Shivkripa Soc., J. V. Link Road,
MMRDA Colony, Nr. L & T. Gate No.
5, Milind Nagar, Tunga Village,
Powai, Mumbai72.
.. Applicant.
V/s.
The SubRegistrar,
M.M.C., Ward Officer, Mumbai.
.. Respondent.
Application for registration date and place of birth.
Ld. Advocate for applicant. : Mr. Waseem A. Siddique.
J U D G M E N T
(Delivered on 14/02/2019)
The applicant viz. Rajkumar Keshav Yadav has
made this application for registration of birth place and date
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~2~ Judgment C. C. No. : 1096/N/2018
of his son viz. Ranveer Rajkumar Yadav, under the provision
of section 13 (3) of M.R.B.D. Act, 1969.
2. In short it is the case of the applicant, his son viz.
Ranveer Rajkumar Yadav was born, on 18/05/2014, at home,
i.e. Building No. 16, Room No. 506, Shivkripa Soc., J. V. Link
Road, MMRDA Colony, Nr. L & T. Gate No. 5, Milind Nagar,
Tunga Village, Powai, Mumbai72 to his wife viz. Nisha Devi
Rajkumar Yadav. Due to inadvertence, he could not register
his 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 place and date of birth of
his son in it's record.
3. Notice to the respondent was issued, it was served
upon it. Respondent filed his say, at (Exh.4), which disclosed
applicant resided at present address, prayed for appropriate
order.
4. Heard Ld. Counsel Mr. Waseem A. Siddique, for the
applicant.
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~3~ Judgment C. C. No. : 1096/N/2018
5. The points for determination along with my
findings thereon are, as under...
SR. NO. POINTS FINDINGS
1 Whether applicant proves, his son viz.
Ranveer born, on 18/05/2014, at his
home ?
No.
2 Whether applicant proves, his date
and place 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
examined himself (A.W.1), at (Exh.6). He closed his
evidence by filing pursis, at (Exh.7).
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~4~ Judgment C. C. No. : 1096/N/2018
8. If minutely read evidence of applicant it reveals
that, he narrated same facts as narrated in the application.
The sum and substance of his evidence disclosed his son viz.
Ranveer born on 18/05/2014, to his wife, at home i.e. above
mentioned address.
9. The applicant has produced documentary evidence
in support of his claim, those are xerox copy of his Aadhar
Card, xerox copy of his wife's Election ID Card, xerox copy of
certificate issued by Pushkar Clinic with regard to birth of his
son, at home, xerox copy of his Passport, xerox copy of
immunization card of his son issued by BMC and xerox copy
of electric bill.
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
his Aadhar Card, his wife's Election ID Card, certificate issued
by Pushkar Clinic with regard to birth of his son, at home, his
Passport, immunization card of his son issued by BMC and
xerox copy of electric bill, there is no documentary evidence
on record to show that, the son of applicant born on
18/05/2014. In the absence of it, xerox copies submitted by
applicant is of no use.
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~5~ Judgment C. C. No. : 1096/N/2018
11. The Ld. counsel for applicant submitted that, he
has placed on record the documents those are his Aadhar
Card, xerox copy of his wife's Election ID Card, xerox copy of
certificate issued by Pushkar Clinic with regard to birth of his
son, at home, xerox copy of his Passport, xerox copy of
immunization card of his son issued by BMC and xerox copy
of electric bill. 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 the
son of applicant, born on 18/05/2014, at his 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 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, answer point No. 3 and I pass the following
order.
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~6~ Judgment C. C. No. : 1096/N/2018
ORDER
1] The application is hereby rejected.
2] No order as to cost.
Date 14/02/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
Dictated on : 14/02/2019.
Transcribed on : 14/02/2019.
Signed on : 14/02/2019.
SRD.
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