Writ petition
Jyoti Asher
(Querist) 02 September 2012
This query is : Resolved
My client is an NRI. he has an indian passport and an american passport. indian passport carries DOB as mentioned in the birth certificate which is correct. american passport carries the DOB as mentioned in his school leaving certificate which is incorrect. other proofs such as pan card etc also carries wrong DOB. American passport is due for renewal and they noticed this discrepancy. american embassy asking for high court order. should i file writ petition.... pl advise.
H. S. Thukral
(Expert) 02 September 2012
I don't think the issue can be agitated in writ petition. in my opinion you have to go for a declaratory suit.
R.K Nanda
(Expert) 02 September 2012
U can file affidavit of ur client to remove the discrepancy.Ask embassy official which court order they want?
prabhakar singh
(Expert) 02 September 2012
getting DOB recorded any where is one's own act for which no writ lies in High Court.
R.K Nanda
(Expert) 02 September 2012
There is no need for filing any writ petition in HC.
prabhakar singh
(Expert) 02 September 2012
It is not the question of need of filing is there or not?
Rather it is a point that no writ lies.
Writ against whom and for what? is the question.
Guest
(Expert) 02 September 2012
No writ petition would lie to the HC for this. It is a matter between your client and the passport authorities.
R.K Nanda
(Expert) 02 September 2012
No,do not file writ in HC.
prabhakar singh
(Expert) 02 September 2012
What does it mean when Mr. Nanda prefers to address thrice here inviting me again and again to attend.
Jyoti Asher
(Querist) 03 September 2012
thanks for your replies.. US Embassy is not accepting any affidavit. they want order from high court. pl advise which kind of suit should be filed.
ajay sethi
(Expert) 03 September 2012
why the discrepancy in dates? why 2 separate dates mentioned in school leaving certificate and birth certifcate . ?
why were dates not corrected earlier .?
when dscrepancy was noticed in school leaving certifcate you ought to have got it corrcted immediatedly . why wait for so many years ?
you will have to satisfy the high court on these issues .
Jyoti Asher
(Querist) 03 September 2012
he has dual citizenship... hence both the passports are valid... i just had a doubt whether i should file writ petition or under any other category the suit belongs... pl advice
Neha
Sudhir Kumar, Advocate
(Expert) 03 September 2012
