EDWIN PRAKASH V vs THE COMMISSIONER

C.Misc.5018/2023 01.09.2023.

For orders ORDERS ON PETITION UNDER SEC.13(3) OF THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1989.

The petitioner filed this petition in order to get birth certificate of his son’s by name Samrat.E, as he was born on 10.08.2019.

It is the case of the petitioner that recently he has approached the respondent authority for issuance of birth certificate of his son’s, but the respondent authority issued an endorsement stating that the birth date of the Samrat.E was not registered with the respondent authority.

However, the petitioner required the birth certificate of his son’s for bonafide use.

2.

Upon service of notice, the respondent remained absent and hence placed exparte.

The averments made in the petition remained unchallenged.

In order to prove the case of the petitioner, the petitioner himself got marked the Exs.P1 to P4 On perusing the Ex.P1, the Non- Availability Certificate, it shows that the petitioner having no option to get the birth certificate approached the court with this petition and hence, he has got right to obtain birth certificate of his son’s by name Samrat.E.

On perusing the materials placed before the court, it reveals that the petitioner made his genuine effort to get the birth certificate of his son’s for bonafide use.

Further, Ex.P2 is the Birth Certificate pertaining to petitioner son’s, it shows that the date of birth of petitioner's son as 10.08.2019.

On perusing the evidence and the supporting documents and on the basis of the reasons assigned above, I am of the opinion that the petitioner is entitle for the direction to the respondent authority in order to obtain the birth certificate of Samrat.E.

Hence, I proceed to pass the following: ORDER Petition filed under Section 13(3) of Registration of Birth & Deaths Act, 1969, is hereby allowed.

C.Misc.5018/2023 The respondent is hereby directed to register the date of birth of Samrat.E, S/o Edwin Prakash.V and Bhanupriya as born on 10.08. on 10.08.2019 in the concerned register of births after collecting necessary fee.

XXIII Addl.

Chief Metropolitan Magistrate, Bengaluru City.

Later, the advocate for petitioner requested to return of original documents i.e., Exs.P3 & P4 as required to the petitioner for daily use.

Hence, considering the request of advocate for petitioner, office is hereby directed to return the original documents of Exs.P3 & P4 to the petitioner after obtaining Certified copies of Exs.P3 & P4 from the petitioner on proper identification.

XXIII ACMM, Bengaluru.