‘Biological father’s name can’t be replaced with stepfather’s in birth records’
The Punjab and Haryana high court has held that the name of the biological father cannot be replaced in the birth certificate with that of stepfather’s.punjab Updated: May 08, 2016 16:50 IST
The Punjab and Haryana high court has held that the name of the biological father cannot be replaced in the birth certificate with that of stepfather’s.
The high court bench of justice RK Jain held that a correction in the birth certificate in the register of births and deaths could be made in case of error in the entry, which might have crept in. But the entry of a stepfather’s name, replacing the name of the biological father, could not be made.
The high court was hearing a petition of a Hoshiarpur resident, wherein it was argued that the name of a stepfather, on the asking of his stepson, could be entered in the birth records replacing the biological father’s name. The petitioner’s mother had divorced after his birth and remarried. At the time of his birth as mother was in previous wedlock, his biological father’s name was recorded. Later, as he lived with his mother he got his stepfather’s name recorded in bank records, voter identity card and in Aadhaar card.
The high court reasoned that Section 15 of the Hindu Marriage Act provided correction or cancellation of entry in the register of births and deaths if it was proved that the previous entry was erroneous, fraudulently or improperly made. However, in this case the entry was not recorded fraudulently or improperly and was also not erroneous in form or substance. The high court also took note of the fact that Section 6 of the Hindu Minority and Guardianship Act defines the natural guardian of a Hindu minor in which the explanation says that the expressions ‘father’ and ‘mother’ do not include a stepfather and a stepmother.