Registrar Can't Alter Father's Name In Child's Birth Certificate Without Hearing Him, Must Consider Conclusive Proof U/S 118 Evidence Act: Kerala HC

The Kerala High Court recently held that the Registrar does not have the power to change the name of the father in the birth certificate of a child without considering the conclusive proof under Section 118 of the Indian Evidence Act.As per the provision, when a child is born during the subsistence of a valid marriage or within 280 days after its dissolution, it is conclusive proof that the child is a legitimate offspring of the husband unless otherwise proved.Referring to Section 15 of the Registration of Births and Deaths Act, 1969, Rule 11 of the Kerala Registration of Births and Deaths Rules, 1999, Justice C.S. Dias observed:“The powers conferred on a Registrar under Section 15 and Rule 11 are circumscribed and limited to the correction of clerical or formal errors or entries fraudulently or improperly made, and not matters of disputed paternity, which require a full-fledged trial and adjudication, and a judicial imprimatur.”In the present case, the petitioner and the 7th respondent were a married couple and a son (9th respondent) were born to them. The petitioner's name was recorded as the father in the birth certificate. Subsequently, based on the 7th respondent's wish to live with the 8th respondent, the petitioner and the 7th respondent executed Exhibit P3 agreement to live separately. Thereafter, their marriage was dissolved. Years later, through an RTI reply, the petitioner came to know that his name was substituted with that of the 8th respondent as the father of the 9th respondent in the birth register and birth certificate. The Registrar (4th respondent) had effected the change based on a joint application filed by 7th and 8th respondents along with certain documents.Considering the submissions, the Court observed:“Here, the Registrar has substituted the names solely on a joint application and certain documents submitted by the respondents' 7 and 8, and without comprehending the conclusive proof of Section 112 of the Indian Evidence Act and Ext.P19 circular dated 16.12.2015 issued by the Local Self Government Department. The circular mandates that, if the father's name has to be changed in the birth records, a DNA test report, an agreement attested before a Notary Public and an order from a competent Court are to be produced. It is without following the above procedures that the 4th respondent has carried out the substitution.”Flagging the decision-making process behind the changed birth certificate and birth report as a violation of the principles of natural justice, the Court quashed the same. It directed the 4th respondent to reconsider the joint application of the 7th and 8th respondents in accordance with law after hearing the petitioner.Case No: WP(C) No. 26123 of 2024Case Title: AAA v. State of Kerala and othersCitation: 2025 LiveLaw (Ker) 454Counsel for the petitioners: Reshma E., Anna Sonie, Atheena Antony, Anjitha Santhosh, Athira V.M.Counsel for the respondents: M. Sasindran, Vidya Kuriakose - Sr. PPClick To Read/Download Judgment

Registrar Can't Alter Father's Name In Child's Birth Certificate Without Hearing Him, Must Consider Conclusive Proof U/S 118 Evidence Act: Kerala HC

K. Salma Jennath

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