HC allows woman to remove father’s name from daughter’s birth certificate

Bombay High Court allows 22-year-old woman to make modifications in birth certificate of her daughter by deleting name of the child’s biological father. But refuses to delete the biological father’s name from all the records of the civic body. Justice Oka said that the powers of the BMC were limited when it came to amending entries made in its records and thus the court couldn’t cannot direct the civic body to remove or delete the name of the biological father from the entire records.

In a relief to a 22-year-old woman, the Bombay High Court on Tuesday allowed her to make modifications in the birth certificate of her daughter by deleting the name of the child’s biological father. The HC has accordingly directed the Brihanmumbai Municipal Corporation (BMC) to make the requisite changes in the child’s birth certificate.

A division bench of Justice Abhay Oka and Justice Riyaz Chagla, however, refused to delete the biological father’s name from all the records of the civic body.

Justice Oka said, “According to the Registration of Births and Deaths Act, it is mandatory for the biological parents to disclose their full names and address at time of the birth of the child. The BMC then enters the same in its records as per the provisions of the Act and the birth certificate is issued on the basis of above entries.” Justice Oka further said the powers of the BMC are limited when it comes to amend the entries made in its records and thus we cannot direct the civic body to remove or delete the name of the biological father from the entire records.

The orders were passed in response to a petition filed by the woman, who sought to delete the name of the biological father. She claimed she was not aware as to who provided the BMC with the name and occupation of the child’s father.

Countering her claims, the civic body on the other hand maintained she herself had given all the details of her husband.

Having heard the submissions and considering the ‘no objection’ from the biological father, the judges directed the BMC to make the modifications and leave a ‘blank space’ in the column where the name of the child’s father has to be mentioned.

However, the judges directed the woman to approach an appropriate forum seeking the relief of deleting the biological father’s name from the entire records of the civic body.