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22-year-old unwed mother wants father’s name deleted from daughter’s birth certificate

The 22-year-old approached the high court last year. She has also sought a change her marital status from married to unmarried in the child’s birth record.

mumbai Updated: Feb 14, 2018 00:40 IST
HT Correspondent
HT Correspondent
Hindustan Times
Mumbai,Bombay high court,unwed mother
The 22-year-old approached the high court last year. She has also sought a change her marital status from married to unmarried in the child’s birth record. (FILE)

Acting on a petition filed by a 22-year-old unwed mother seeking deletion of the name of the biological father of her daughter from her birth certificate, the Bombay high court on Tuesday summoned the man to ascertain if he was willing to allow the correction.

A division bench of Justice Abhay Oka and Justice PN Deshmukh summoned the man after noting that provisions of the Registration of Births, Deaths and Marriages Act, 1869 allow the registrar of births and deaths to correct the record only in case of any error in the birth record.

In view of the legal provision and the questions involved in the case, the bench felt the name of the father can be ordered to be removed from the birth record of the Borivli resident’s child, only if the man consents to do so. The bench has now asked him to remain present in court on March 12, when the woman’s petition is posted for further hearing.

The 22-year-old approached the high court last year. She has also sought a change her marital status from married to unmarried in the child’s birth record.

The Borivli resident delivered the girl in November 2014. Her marital status was recorded “married” in the application for registration of birth of the child. It also mentioned the name of the child’s father, but now she wants to get the name deleted, said lawyer Uday Warunjikar.

She has 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 affidavit filed by them.

Meanwhile, the bench on Tuesday directed Brihanmumbai Municipal Corporation (BMC) to respond to petition filed by another unwed mother, a 31-year-old woman from Nalasopara, seeking issuance of birth certificate of her daughter without the name of the biological father.

First Published: Feb 14, 2018 00:40 IST