GURWINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2016-2-287
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 19,2016

GURWINDER SINGH AND ANOTHER Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) This petition is filed by Gurwinder Singh and Sukhpal Kaur, who were married as per the Sikh rites on 02.11.2003. It is alleged that prior to her marriage, Sukhpal Kaur was also called as Pooja but her name Sukhpal Kaur is mentioned in the ration card and the middle standard certificate. The petitioners are blessed with two children; elder daughter is named as Diya, born on 22.09.2004 and a son, namely, Hargun Singh, was born on 22.04.2007. The daughter of the petitioners, namely, Diya Dhaliwal was born in the Civil Hospital, Sangrur and at that time, brother of petitioner No. 2 told her mother's name as Pooja to the hospital authorities. The daughter of the petitioners was admitted in DAV Public School, Patiala and presently, she is studying in Ajit Karam Singh International Public School, Sector 41B, Chandigarh. She had mentioned her mother's name as Sukhpal Kaur but in her birth certificate, it is mentioned as Pooja. The petitioners requested the school authorities to correct mother's name of their child Diya Dhaliwal from Pooja to Sukhpal Kaur in the school records but the school authorities orally asked the petitioners to first get the birth certificate corrected. Thereafter, the petitioners submitted an application on 06.11.2013 to the Registrar, Births and Deaths, Municipal Council, Sangrur along with an affidavit and self declaration, recommended by Ruldu Ram Kushdil, Councillor from Ward No. 1, Municipal Council, Patiala and Balbir Singh, Panch of the Gram Panchayat Nagar , Ward No. 5. The original application was returned to the petitioners by respondent No. 4 through the Civil Surgeon, Sangrur, asking them to first get the school records corrected. The petitioners then requested the school authorities for correction but they did not pay any heed to their request and hence, the present petition has been filed for issuance of a writ in the nature of mandamus, directing respondents No. 3 and 4 to make correction of the name of petitioner No. 2 in the relevant records/birth register from Pooja to Sukhpal Kaur as mother of her child Diya Dhaliwal born on 22.09.2004 and issue fresh birth certificate of Diya Dhaliwal with her mother's name as Sukhpal Kaur.
(2.) Separate replies have been filed by respondents No. 1 to 3 and respondent No. 4. In the reply filed by respondents No. 1 to 3, it is submitted that the original application was returned to the Registrar, Birth and Death to attach the child's school certificate after correction of the mother's name in the school certificate but neither any representation nor any application has been submitted till today.
(3.) In the reply filed by respondent No. 4, it is averred that no document has been placed on record by the petitioners to prove that Sukhpal Kaur and Pooja are one and the same person.;


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