Karthik Elamvazhuthi (student) 01 June 2011

Passport and Birth Certificate Dilemma

This is regarding my passport application for which I need my birth certificate. I was issued a birth certificate by Municipal Corporation of Nagercoil, Kanniyakumari district, Tamil Nadu. However, there is an error in my mother's name. This is due to name change she has undergone after marriage(Previous name: Kanaga, Present Name: Kanaka). My 10th marks card has my mother's present name. My birth certificate has the previous name. This is causing a problem for my passport application. We have got a gazette notification and deed poll for my mother's name change. The passport officer says since the notification and deed poll(2011) was drawn after the date of my 10th marks card(2005), its not valid proof. He insists that I must change my mother's name in my birth certificate to match the name in my marks card. However, the municipal corporation is refusing to make this change in spite of the proof. Please analyze my situation and let me know if there is a feasible solution as both parties are not willing to accept the proof. It seems like there is no way for me to get a passport. Because of this I have already missed one year of education for overseas studies. Should I be filing a law suit against the municipal corporation. Your advice is most needed. I would be forever grateful. Thank you.

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 01 June 2011

When everybody is denying the proof the only for you to obtain the civil court decree by filing a suit for declaration and injunction. The parties to the suit will be State Govt., represented by Deputy commissioner of Dist., and Deputy director of public instructions ( Make an enquiry in Tamily nadu which is the office) and before filing the suit you have to issue legal notice u/s 80 of CPC. The notice should be just like a plaint.

(Guest)

To apply for a Birth Certificate, you must first register the birth. The birth has to be registered with the concerned local authorities within 21 days of its occurrence, by filling up the form prescribed by the Registrar. Birth Certificate is then issued after verification with the actual records of the concerned hospital.

In case the birth has not been registered within the specified time of its occurrence, the certificate is issued after due police verification ordered by the revenue authorities.
(worth checking out how this part works??)

source: https://india.gov.in/howdo/howdoi.php
You might claim that your birth certificate is lost, and get a new one with your mother's current name. I am not a lawyer, just trying to help.

Sindhooja (Student) 10 August 2011

Sir, I have a spelling change in my name in the Birth certificate. The authorities are neither replying properly nor telling what to do next. Some are telling court order needed and some are telling for spelling change it s not needed. Am unable to apply for my passport which needs to be submitted in 2 months time in my company. Can u tell me the earliest way to get the name changed so that i can apply for the passport?