KRUTHI.R vs THE COMMISSIONER, BBMP

KABC030345172023 Presented on : 03-08-2023 Registered on : 03-08-2023 Decided on : 11-01-2024 Duration : 0 years, 5 months, 8 days IN THE COURT OF THE 1st ADDL.CMM: BENGALURU Dated this the 11th day of January, 2024 Present: Shri Anand S Kariyammanavar, B.A., LL.B(Hon’s).

I Addl.

C.M.M BENGALURU.

C.Misc.No.5069/2023 Petitioner : KRUTHI.R D/o Ramachandraiah H R/at #16, Sri Lakshmi Nilaya, 4th Main, 2nd Cross, Rukmini Nagar, Nagasandra, Bangalore North-73. (Rep. by Sri.

Harish.J and Latha.N, Advo.) Respondent : The Registrar of Births and Death, Office of the Commissioner, BBMP, Bengaluru.

2 C.Misc.No.5069/2023 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 her date of birth in the register maintained by the respondent.

2.

The brief facts of the petitioner’s case is as follows: The Petitioner by name KRUTHI R, D/o Ramachandraiah.H and Rathnamma as she was born on 22.02.2002 at #16, Sri Lakshmi Nilaya, 4th Main, 2nd Cross, Rukmini Nagar, Nagasandra, Bangalore North, Bangalore-560073.

After birth of petitioner, her parents did not comply the event of her birth to respondent as they had no knowledge and legal procedure to register the date of birth of petitioner at the office of the respondent.

On approaching respondent, respondent issued Non- availability certificate.

Now petitioner requires her birth 3 C.Misc.No.5069/2023 certificate for education and documents 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 P3 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 petitioner by name Kruthi.R, D/o Ramachandaiah.H and Rathnamma as she was born on 22.02.2022 at #16, Sri Lakshmi Nilaya, 4th 4 C.Misc.No.5069/2023 Main, 2nd Cross, Rukmini Nagar, Nagasandra, Bangalore- 5600733 and said entry of birth is not effected in birth register of respondent.

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

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

P.W.1 has also produced SSLC Marks Card and Aadhaar card as per Exs.P2 and P3.

Above documents indicate the event of birth of petitioner 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 petitioner in the register maintained by the respondent.

Hence, I answer point No.1 in the Affirmative.

5 C.Misc.No.5069/2023 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 relating to the birth of petitioner KRUTHI.R, D/o Ramachandraiah H and Rathnamma as she was born on 22.02.2002 at #16, Sri Lakshmi Nilaya, 4th Main, 2nd Cross, Rukmini Nagar, Nagasandra, Bangalore North, Bangalore-560073 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 11th day of January, 2024). (Anand S Kariyammanavar) 1st Addl.

CMM., Bengaluru.

ANAND S KARIYAMMANAVAR Digitally signed by ANAND S KARIYAMMANAVAR Date: 2024.01. : 2024.01.16 17:54:59 +0530 6 C.Misc.No.5069/2023 ANNEXURE List of witnesses examined on behalf of the petitioner:- P.W.1, Kruthi.R List of documents marked on behalf of the petitioner:- Ex.P1, Non-availability certificate, Ex.P2, SSLC Marks Card of P.W.1, Ex.P3, Notarised copy of Aadhaar card of P.W.1; List of witnesses examined on behalf of the respondent:- NIL.

List of documents marked on behalf of the respondent:- NIL. (Anand S Kariyammanavar) 1st Addl.

ANAND S KARIYAMMANAVAR Digitally signed by ANAND S KARIYAMMANAVAR Date: 2024.01.16 17:55:04 +0530 7 C.Misc.No.5069/2023 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.