The grievance of the petitioner is that, though the petitioner has submitted a request Ext.P3 for the issue of a Birth Certificate to her son, the same has not been granted till date. The petitioner has been living separated from her husband, the additional 3rd respondent. The marriage between the petitioner and the 3rd respondent has been dissolved by the Family Court, Palakkad as per Ext.P2 judgment. It is also stated in Ext.P2 that, they have been living separately since 12.05.2011 onwards. The petitioner's application for the issue of a Birth Certificate has been kept pending by the 2nd respondent for the reason that, he has sought for a clarification from the Registrar regarding the question as to whether the affidavit filed by the petitioner alone suggesting the name of the minor child could be accepted or not. The clarification was thought to be necessary for the reason that, as per the Circular issued by the Registrar, it is stipulated that such an affidavit should be a joint affidavit of both the parents.
2. Adv.Sri.T.C.Suresh Menon appears for respondents 1 and 2.
Though notice was served on the additional 3rd respondent by special messenger, there is no appearance for the said respondent. Therefore, I have heard the learned counsel for the petitioner as well as the learned counsel for respondents 1 and 2. The provisions of the W.P.(C) No.15050 of 2014 2 Registration of Births and Deaths Act, 1969 (hereinafter referred to as 'the Act' for short) do not stipulate that, an affidavit should be filed jointly by the parents while suggesting the name of a minor child. Such a stipulation in the Circular that has been referred to in Ext.P4 can apply only to cases where both the parents are available. In the present case, as evident from Ext.P2 judgment of the Family Court, the marriage between the petitioner and the additional 3rd respondent has been dissolved. Therefore, it cannot be expected that it would be possible for both the parents to file a joint affidavit. According to the counsel for the petitioner, the child was born on 11.11.2011 and the third birthday of the child is approaching. Any delay in issuing a Birth Certificate to the child would cause delay in the matter of admitting him to a school. Therefore, it is absolutely necessary that a Birth Certificate is issued without further delay.
3. Having heard the learned counsel appearing for the respective parties, I am convinced that the apprehensions of the counsel for the petitioner are justified. The additional 3rd respondent appears to have no objection to the issue of a Birth Certificate to the child. Had he any objection, he would have appeared in response to the notice served on him through special messenger. The provisions of the Act do not stipulate the filing of a joint affidavit by both the parents, as a condition for the issue of a Birth Certificate. Section 14 of the Act deals with the situation, which reads as follows :
W.P.(C) No.15050 of 2014 3 “14.Registration of name of child.- Where the birth of any child has been registered without a name, the parent or guardian of such child shall within the prescribed period give information regarding the name of the child to the registrar either orally or in writing and thereupon the Registrar shall enter such name in the register and initial and date the entry.”
A perusal of the above provision shows that, either the parent or the guardian is competent to give information regarding the name of the child to the Registrar, either orally or in writing. In the present case, it is sufficient that the petitioner swears to an affidavit, furnishing the name of the child. Such an affidavit shall be in compliance with the Circular if any that has been issued by the Registrar, in view of the peculiar circumstances noted above that, the spouses are living separately, their marriage having been dissolved by the Family Court.
In view of the above, this writ petition is allowed. The 2nd respondent is directed to accept an affidavit from the petitioner furnishing the name of the minor child and to complete the formalities of issuing a Birth Certificate to the child as expeditiously as possible and at any rate within a period of two weeks of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV