Unwed mother moves Bombay high court, wants father’s name removed from daughter’s birth record | mumbai news | Hindustan Times
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Unwed mother moves Bombay high court, wants father’s name removed from daughter’s birth record

Mumbai city news: Acting on the petition of the Borivli (east) resident, the division bench of Chief Justice Manjula Chellur and Justice Niteen Jamdar asked the Brihanmumbai Municipal Corporation (BMC) to submit the original application form filled by the woman to get her daughter’s birthday registered in November 2014.

mumbai Updated: Jul 07, 2017 01:12 IST
Kanchan Chaudhari
The bench sought the application to check if the petitioner had put her marital status and the name of the child’s father in it initially.
The bench sought the application to check if the petitioner had put her marital status and the name of the child’s father in it initially. (HT)

A 22-year-old unwed woman approached the Bombay high court seeking corrections in the birth record of her daughter. She wanted to remove the father’s name from the record and change her marital status to unmarried.

Acting on the petition of the Borivli (east) resident, the division bench of Chief Justice Manjula Chellur and Justice Niteen Jamdar asked the Brihanmumbai Municipal Corporation (BMC) to submit the original application form filled by the woman to get her daughter’s birthday registered in November 2014.

The bench sought the application to check if the petitioner had put her marital status and the name of the child’s father in it initially.

According to her petition, the woman delivered a girl out of wedlock in November 2014. “The birth certificate application of the child said that she was married at that time. It also had the name of the child's father, but for some reason she wants to remove his name from the records now,” said advocate Uday Warunjikar, her lawyer. 

Warunjikar cited a judgment of the Apex Court that mandated authorities to issue birth certificates of children of single parents or unwed mother only on the basis of an affidavit filed by them. 

According to her petition, the 22-year-old had in March 2016 made an affidavit in terms of the judgment and requested the BMC health officer to correct the birth record of her daughter, but her plea has been rejected. 

BMC’s lawyer, advocate Suresh Pakale, responded to the petition saying that civic health officers who registered births and deaths had no power to change or make corrections in birth records of a person and such corrections could not be done without orders from a competent court, and therefore the petitioner was asked to obtain a court order for getting the records corrected.