Kandeep Shravan | SASTRA Deemed to be University | 28th June 2020<\/p>\n\n\n\n
Mathumitha Ramesh vs The Chief Health Officer and others<\/strong><\/p>\n\n\n\n Facts: <\/strong><\/p>\n\n\n\n The petitioner is a divorced lady who underwent an intrauterine fertility insemination gave birth to a baby girl. The surname (father\u2019s name) was registered wrongly in the name of the person who was helping the petitioner in the hospital on humanitarian grounds. The petitioner\u2019s request to rectify the error was rejected on the ground that only the mistake and errors of the Fathers\u2019 name can be done. Removal of the name from the Birth Certificate is not envisaged under the relevant law. Neither Section 15 of the Registration of Births and Deaths Act, 1969 nor Rule 11 of the Tamil Nadu Registration of Births and Deaths Rules, 2000 mandates the disclosure of the father\u2019s name to be mentioned in the birth certificate. When the petitioner had approached the Revenue Divisional Office, the request was rejected again stating that the Registrar is the Competent authority to rectify such errors. Thus, a writ petition was filed.<\/p>\n\n\n\n Issues:<\/strong><\/p>\n\n\n\n Analysis:<\/strong><\/p>\n\n\n\n The Court laid down a few points:<\/p>\n\n\n\n Conclusion:<\/strong>The Court further stated that there are cases where women facing various difficulties are restricted to raise children with their own resources due to their unwilling and unconcerned partners to support them. Single or unwed mothers cannot be forced to declare the name of the father who has decided to abandon the child and that is unjustifiable. As stated earlier neither the Act nor the rule mandates the disclosure the father of the child. The Court\u2019s ruling benefits single mothers and lays responsibility on the state to ensure they face no hardships.<\/p>\n","protected":false},"excerpt":{"rendered":" Kandeep Shravan | SASTRA Deemed to be University | 28th June 2020 Mathumitha Ramesh vs The Chief Health Officer and others Facts: The petitioner is a divorced lady who underwent an intrauterine fertility insemination gave birth to a baby girl. The surname (father\u2019s name) was registered wrongly in the name of the person who was […]<\/p>\n","protected":false},"author":167,"featured_media":3361,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[85,28],"tags":[],"yoast_head":"\n