DHANVITH B R vs THE COMMISSIONER, BBMP

KABC030345242023 Presented on : 03-08-2023 Registered on : 03-08-2023 Decided on : 07-09-2023 Duration : 0 years, 1 months, 4 days IN THE COURT OF THE 1st ADDL.CMM: BENGALURU Dated this the 7th day of September 2023 Present: Shri Anand S Kariyammanavar, B.A., LL.B(Hon’s).

I Addl.

C.M.M BENGALURU.

C.Misc.No.5070/2023 Petitioner : Dhanvith B.R.

Minor in age, Represented by his mother Vasanthi T.

W/o Range Gowda B.M., aged about 49 years, R/at No.10/1B/25, Dhore Bangalow, Puttenahalli main road, J.P.Nagar, Bengaluru 560 078. (Rep. by Smt.Umadevi, Advo.) ANAND S KARIYAMMANAVAR Digitally signed by ANAND S KARIYAMMANAVAR Date: 2023.09.07 17:50:42 +0530 2 C.Misc.No.5070/2023 Respondent : The Commissioner, Registrar of Births and Deaths, B.B.M.P.

Bengaluru. **** ORDER The petitioner has filed petition under Section 13(3) of Registration of Births and Deaths Act, 1969, seeking direction to the respondent to enter the date of birth of her son in the register maintained by the respondent.

2.

The brief facts of the petitioner’s case is as follows: The son of petitioner by name Dhanvith B.R. is born on 17-08-2005 at No.10/1B/25, Dhore Bangalow, Puttenahalli main road, J.P.Nagar, Bengaluru 560 078.

After his birth, the petitioner did not comply the event of his birth to respondent due to lack of knowledge and information, legal obligation.

On approaching respondent, respondent issued Non-availability certificate.

Now petitioner requires birth certificate of her son for 3 C.Misc.No.5070/2023 educational purpose.

Hence present petition and it is prayed to allow the same.

3.

The respondent remained absent, despite service of notice and he is placed ex-parte.

4.

The petitioner got examined herself as P.W.1 and got marked Exs.P1 to P5 documents.

5.

Heard arguments.

6.

The following points arise for consideration.

1.

Whether the petitioner is entitled for the relief claimed ?

What Order ?

7.

Following are findings on the above points: Point No.1: In the Affirmative.

Point No.

Point No.2: As per final order, for the following: REASONS 8.

Point No.1: - It is averred that the son of petitioner by name Dhanvith B.R. is born on 17-08-2005 at No.10/1B/25, Dhore Bangalow, Puttenahalli main road, 4 C.Misc.No.5070/2023 J.P.Nagar, Bengaluru 560 078 and said entry of birth is not effected in birth register of respondent.

In this regard petitioner has entered into witness box as P.W.1 and reiterated the averments of petition.

She has produced Non-availability certificate issued by respondent as per Ex.P1.

The petitioner has also produced SSLC Marks card of her son as per Ex.P2 and Aadhaar cards as per Exs.P3 to P5.

Above documents indicate the event of birth of petitioner’s son and non-registration of said event in the birth register maintained by respondent.

The evidence of P.W.1 is not challenged by respondent side.

Hence, there is no reason to discard and disbelieve the same.

So, there is no hurdle to direct the respondent to register the event relating to the birth of son of petitioner in the register maintained by the respondent.

Hence, point No.1 is answered in the affirmative.

5 C.Misc.No.5070/2023 9.

Point No.2: - For the reasons stated and findings given on point No.1, following is: ORDER Petition filed by the petitioner under Section 13(3) of Registration of Births and Deaths Act, 1969 is allowed.

The respondent is hereby directed to register the event of birth of son of petitioner Dhanvith B.R.

S/o Range Gowda B.M. and Vasanthi T. to the effect that he is born on 17-08-2005 at No.10/1B/25, Dhore Bangalow, Puttenahalli main road, J.P.Nagar, Bengaluru 560 078, in the birth register maintained by his office.

No costs. (Dictated to the stenographer, typed by her directly on computer, revised, corrected by me and then pronounced in the open court on this the 7 th day of September 2023). (Anand S Kariyammanavar) 1st Addl.

CMM., Bengaluru.

ANNEXURE List of witnesses examined on behalf of the petitioner:- P.W.1, Vasanthi T.

K.; 6 C.Misc.No.

C.Misc.No.5070/2023 List of documents marked on behalf of the petitioner:- Ex.P1, Non-availability certificate, Ex.P2, SSLC Marks card of son of P.W.1, Ex.P3 to Ex.P5, Aadhaar cards; Witnesses examined on behalf of respondent, documents marked:- NIL. (Anand S Kariyammanavar) 1st Addl.

7 C.Misc.No.5070/2023 Order pronounced in Open Court (vide separate order) ORDER Petition filed by the petitioner under Section 13(3) of Registration of Births and Deaths Act, 1969 is allowed.

No costs.

1st Addl.