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Discussion > Family Law > Marriage > Name in birth certificate   Unanswered Threads Post New Topic

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anuradha goyal


member
[ Scorecard : 241]
Posted On 24 August 2013 at 23:30 Report Abuse

Dear experts

 

An indian boy is getting married to french national.court marriage will take place at france.French mayor has asked for boy's birth certificate with his name mentioned in it.However he has only birth certificate but his name is not written on it.He contacted at Hisar his birth place but the officials says after 15 years they do not include boy's name in it. What is the remedy?Shall he approach local court at Hisar or file a writ in high court

Thanx



Tajobsindia


Senior Partner
[ Scorecard : 17834]
Posted On 25 August 2013 at 01:28 Report Abuse

1. As per the Births and Registration Act of 1969, all births should be registered before 21 days (60 days for NRIs). The record would be available with the Sub-Registrar of the ward for a year before going into the official record and the name has to be registered before the person attains 15 years of age.

2. The Chief Registrar of Births and Deaths and the Director of Health had issued directions permitting the respective municipal bodies or mandal offices to issue BCs provided sufficient evidence is given. This ‘one-time relaxation' was given as rules do not permit such a certificate to be issued once a citizen reaches 15 years of age i.e after 15 years of age. This ‘one-time relaxation' with ample Paper Publications throughout India expired on 15th. Aug. 2011.

Hence the remedy to your presented brief are only as follows;

A. Birth Certificate cannot be changed even under Writ jurisdiction now.
Reasoning:
Hundred s of municipal corporation pan India had in fact written to the Centre four years ago (near about in 2007) to consider removing the 15-year time limit for a Birth Certificate to be issued and allow it to be obtained till the age of 35 but there has been no response till date from Centre.


B. Suggest your client to approach jurisdiction Court for legal change of name and once Ordered approach Gazette Office and get same Gazette Notified (ask him to take dozen copies of publications for lifetime usage) and make changes in all his public documents and produce the same before appropriate Foreign Authorities. 


anuradha goyal


member
[ Scorecard : 241]
Posted On 25 August 2013 at 02:16 Report Abuse

he has not to correct his name.All his educational certificates and passport are in same and correct name.Only thing is in birth certificate its written male child and name of parents.but foreign authorities say that name of boy should also appear in birth certificate


Tajobsindia


Senior Partner
[ Scorecard : 17834]
Posted On 25 August 2013 at 02:30 Report Abuse

1.    Try to read replies from me before replying fast or pay for legal advice outside this forum and seek replies to your fancy - satisfaction.

2.    Have I used “correct or correct his name change’ anywhere in my reply even once?

3.    The first reply of mine is the ONLY legal procedure left for this person as in India still many BC's are issued without name of child as is custom - tradition in majority of Indian families to name child on 21st. day or so by way of 'naming  ceremony'. 


G.V.Nagarajarao


Executive
[ Scorecard : 38]
Posted On 25 August 2013 at 10:15 Report Abuse

By attaching an affidavit with the name of the boy which should be notarised and the same can be submitted to the municipal authorities where he was born to include the name accordingly and to issue the birth certificate. 



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