Chitu vs UT of Jammu and Kashmir through BDO Narsoo

Case No.: Cr.Misc.Applications/79/2023 Page 1 of 2 IN THE COURT OF SUB JUDGE / SPECIAL MOBILE MAGISTRATE, UDHAMPUR Case No.: Cr.Misc.Applications/79/2023 CNR No.: JKUD030030892023 Chitu S/O Sukh Ram R/O village Ladha Tehsil and District Udhampur. …Applicant versus UT of J&K through BDO, Narsoo. …Non-applicant In the matter of: Application for registration of particulars of Birth.

CORAM: SLAHUDDIN AHMED JO Code: JK00199 ORDER 1.

Ld.

Counsel for the applicant present.

The instant application has been filed by the applicant under the Registration of Births and Deaths Act, 1969.

2.

Section 13(3) of the Registration of Births and Deaths Act, 1969 has been amended vide the Registration of Births and Deaths (Amendment) Act, 2023, and the same reads as follows: “3) Any birth or death of which delayed information is given to the Registrar after one year of its occurrence, shall be registered only on an order made by a District Magistrate or Sub-Divisional Magistrate SLAHUDDIN AHMED I attest to the accuracy and authenticity of this document Sub Judge Special Mobile Magistrate Udhampur.

Case No.: Cr.Misc.Applications/79/2023 Page 2 of 2 or by an Executive Magistrate authorised by the District Magistrate, having jurisdiction over the area where the birth or death has taken place, after verifying the correctness of the birth or death and on payment of such fee as may be prescribed.” 3.

The Registration of Births and Deaths (Amendment) Act, 2023 has come into force and, as such, this Court now lacks jurisdiction to order any registration of birth or death under the Section 13 of the Registration of Births and Deaths Act, 1969.

4.

In light of the aforesaid amendment, this application is dismissed as not maintainable before this Court.

Nothing herein shall be construed to be a bar on the applicant to approach the appropriate forum/authority under the amended Act for the purpose of registration of date of birth.

The application is accordingly disposed of. sposed of.

File after its due compilation be consigned to records.

Announced.

Date: 16.09.2023 (Slahuddin Ahmed) JO Code: JK00199 Sub Judge/Special Mobile Magistrate, Udhampur SLAHUDDIN AHMED I attest to the accuracy and authenticity of this document Sub Judge Special Mobile Magistrate Udhampur.