non-registration of birth (33 years delay!)
Guest
(Querist) 13 January 2011
This query is : Resolved
Dear experts,
A child's birth (born in 1977 at Chennai) was not registered. In 2005, the Municipality has issued a certificate to that effect. Obtaining a fresh certificate at this stage is not possible without court's direction. Presently the person resides at U.P.
My queries are :-
(i) Can he swear an Affidavit before Oath Commissioner at U.P. and forward along with Vakalathnama for filing a case at Chennai City Civil court?
(ii) Will the court insist his presence.
(iii) The Municipal authorities state that even if the court directs them to issue such certificate, they will need statement from the then neighbours of the applicant (the birth took place at Home). Tracing the neighbours after 33 years is highly impossible.
Thanks for your answers, in advance.
adv. rajeev ( rajoo )
(Expert) 13 January 2011
He cannot swear an affiadvit, He has to file criminal miscellenous case in the J.M.F.C. court to get enter his name in the birth registar maintained by the registrar of births. Petition has to be filed against the Registrar of births and deaths.
Devajyoti Barman
(Expert) 13 January 2011
1. Yes
2. No if writ petition is filed. If any case under criminal procedure code s filed then his presence would be required.
3. That is why I believe the Writ to be the appropriate remedy where the Municiaplity would not dare to flout the directions.
Guest
(Querist) 13 January 2011
Thanks for the prompt responses.
I have a second thought, can the W.P. be filed at Kanpur (since the applicant is residing over there)seeking direction to the Municipality through Madras High Court?
Devajyoti Barman
(Expert) 13 January 2011
No , such petiition oculd be filed only in the high court within the jurisdiction of which the concerned Muncipalty situates .
Debasish Hota
(Expert) 14 January 2011
Under which provision the criminal miscleneous case will be filed ,I failed to understand. The Registration of birth is the sole duty of the Regstrar of birth and death. He can not deny for registration. The only thing is that the evidence to be adduced about the place of birth. If required I shall come again along with citation.
Amit Minocha
(Expert) 14 January 2011
Most probably, the court would insist of presence
Kirti Kar Tripathi
(Expert) 14 January 2011
The easiest way is for him to obtain declaration from Court regarding his date of birth.
R.venkatesh Naidu
(Expert) 20 January 2011
you may file a petition in proper j.m.court under birth and death act,sec 10 su clause(3). you should file a petition with affidavit under above said provision, and also you should two numbers of third party affidavits given by any neighbour or any officials (school, bank, if he lived in rental house, the house owner can give affidavit)that they could know about that person, they must come to court at the time of enquiry for clarification on that petition.
