SUDHAMANI R vs THE COMMISSIONER

1 C.Misc.No.5031/2023 IN THE COURT OF THE XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY Dated:- This the 18th day of August, 2023 Present: Sri.N.M.RAMESHA, B'com, L.L.M XVI Addl.C.M.M., Bengaluru City & C/c of XV ACMM, Bengaluru.

Case No. : C.Misc.No.5031/2023 Petitioner : Sudhamani.

R W/o Dore.C Aged about 31 years R/at No.227, Near Anjaneya Temple, Sidda Reddy Layout, Begur Road, Mylaandra, Bengaluru- 560 068. (By Sri Harisha.

J.,Adv.,) - Vs - Respondent : The Commissioner Registrar of Births & Deaths BBMP, Bengaluru. (By Smt.

Girija.B., Adv.,) Date of order : 18.08.2023 2 C.Misc.No.5031/2023 O R D E R The Petitioner has filed this petition U/s 13(3) of Karnataka Registration of Births and Deaths Act 1969 to direct the respondent to enter the date of birth of the her son as 25.06.2013 in the concerned birth register and to issue birth certificate.

2.

The case of the petitioner in brief is as under:- The petitioner's son was born on 25.06.2013 and she is in need of birth certificate of her son for the documentation purpose.

Petitioner do not have knowledge of procedures in obtaining the birth certificate.

For want of knowledge and information, legal obligation could not be complied in time.

She has approached the respondent for the same, the respondent has issued an endorsement.

Hence the petitioner has approached the court by filing the petition.

Hence this petition.

3.

On service of notice, the respondent has appeared before this court through his learned counsel 3 C.Misc.No.5031/2023 and has filed objections denying the material averments made in the petition.

The petitioner has been called upon to prove the material averments made in the petition.

The material averments made in the petition are not within the knowledge of respondent.

The petition is stated to be misconceived.

The Petitioner has not produced any supportive documents to prove her case.

The relief sought in the petition is stated to be not maintainable. ntainable.

The alleged cause of action is stated to be imaginary.

The documents produced by the Petitioner are all created and insufficient to grant the relief claimed in the petition.

It is on these grounds, the respondent has prayed for dismissal of the petition.

4.

In order to prove her case, the Petitioner got herself examined as PW-1 and got the documents marked as Ex.P1 to P.4 The respondent did not choose to adduce any evidence on his behalf.

5.

I have heard the arguments of learned counsel for both the sides and perused the oral and documentary evidence placed on record.

4 C.Misc.No.5031/2023 6.

Now the points that would arises for my consideration are as under:- 1.

Whether the petition filed by the petitioner under the provisions of Sec.13(3) of the Karnataka Registration of Births and Deaths Act is deserves to be allowed?

What Order?

7.

On considering the evidence on record, now my answer to the above points are as under: Point No.1: In the Affirmative Point No.2: As per final order, for the following: R E A S O N S 8.

POINT No.1: The petitioner has filed this petition under the provisions of Sec.13(3) of Karnataka Registration of Births and Deaths Act of 1969 seeking direction to the respondent to enter the date of birth of her son as 25.06.2013 in the concerned Birth Register.

5 C.Misc.No.5031/2023 9.

The petitioner has filed her affidavit in chief examination wherein she reiterated and reaffirmed the contents of the petition.

The petitioner has produced Non-availability certificate, Notarized copy of school certificate, Notarized copies of Aadhaar cards of herself and her husband and they are marked as per Ex.P.1 to P.4 through the evidence of PW.1.

10.

PW-1 in her cross-examination has denied the suggestion that the documents produced by herself are all fake documents.

Further, she has denied the suggestion that she is deposing false evidence before the court. the court.

However, the respondent has not adduced any oral evidence and also not produced any documentary evidence on his behalf.

11.

On the other hand, the documents produced by the Petitioner as per Ex.P1 to P4 reveals that, the date of birth of the Petitioner's son by name Jaya Kumar.

D, S/o.

Dore.C and Smt.

Sudhamani.

R is 25.06.2013 But it has not been entered in the concerned birth register.

The date of birth of the petitioner's son is 6 C.Misc.No.5031/2023 mentioned as 25.06.2013 in the public documents.

The date of birth as sought for in the petition and the date of birth as mentioned in the public document at Ex.P.2 is one and the same.

Hence, there are no reasons to disbelieve or to discard the oral evidence of PW.1 and documentary evidence at Ex.P.1 to P.4.

Under these circumstances, if the respondent is directed to enter the date of birth of the petitioner's son as 25.06.2013 in the concerned register and then to issue the birth certificate to the petitioner, then it would meet the ends of justice.

Therefore the petition is deserves to be allowed.

Hence for the reasons discussed above, I answer Point No.1 in the Affirmative.

12.

POINT No.2: In view of my findings on point No.1, I proceed to pass the following: O R D E R The petition filed by the petitioner under the provisions of Sec.13(3) of Karnataka Registration of Births and Deaths Act 1969 is hereby allowed.

7 C.Misc.No.5031/2023 The Respondent is hereby directed to enter the date of birth of the Petitioner's son by name Jaya Kumar.

R is 25.06.2013 in the concerned Birth Register and issue the Birth Certificate of the Petitioner, after collecting the prescribed fee, as per law.

It is made it clear that, this order and direction issued to respondent is binding on the parties to the proceedings only. ings only. (Directly dictated to the stenographer online, printout taken by her, verified, corrected and then pronounced by me in the open Court on this the 18th day of August, 2023). . (SRI.N.M.RAMESHA), C/c of XV ACMM, Bengaluru City.

ANNEXURE 1.

List of witness/s examined on behalf of the Complainant:- P.W.1 : Smt.

Sudhamani.R 8 C.Misc.No.5031/2023 2.

List of documents exhibited on behalf of the Complainant:- Ex.P.1 : Non-availability Certificate Ex.P.2 : Notarized copy of the school certificate of PW.1 Ex.P.3 : Notarized copy of the Aadhaar card of PW.1 Ex.P.4 : Notarized copy of Aadhaar card of husband of PW.1 3.

List of witness/s examined on behalf of the Accused:- - Nil- 4.

List of documents exhibited on behalf of the Accused:- - Nil- (SRI.N.M.RAMESHA), C/c of XV ACMM, Bengaluru City.

9 C.Misc.No.5031/2023 18.08.2023 Order pronounced in Open Court (Vide separate order) O R D E R The petition filed by the petitioner under the provisions of Sec.13(3) of Karnataka Registration of Births and Deaths Act 1969 is hereby allowed.

The Respondent is hereby directed to enter the date of birth of the Petitioner's son by name Jaya Kumar.

It is made it clear that, this order and direction issued to respondent is binding on the parties to the proceedings only.

C/c of XV ACMM, Bengaluru City.

10 C.Misc.No.5031/2023