APARNA MODY Vs. UNION OF INDIA
LAWS(RAJ)-2013-5-136
HIGH COURT OF RAJASTHAN
Decided on May 28,2013

Aparna Mody Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) THE petitioner has laid the instant writ petition praying therein the under mentioned reliefs :- "a. by an appropriate order or direction the respondents may kindly be directed to reissue passport to the petitioner by showing his date of birth as 26-06-1983 instead of 26-05-1983 and name as Aparna Mody instead of Aprana Modi and correct the surname of the petitioner parents as Mody instead of Modi without the requirement of getting declaration from the court. b. Any other appropriate order or direction which may be considered to be just and proper may be granted in favour of the petitioner."
(2.) SUCCINCTLY stated the facts of the case are that a passport was issued in the name of the petitioner on 30th August, 1991, wherein her date of birth was mentioned as 26th May, 1993 and her name was incorporated as 'Aprana Modi'. Learned counsel for the petitioner, Mr. Singhvi, submits that subsequently the said passport was also renewed upto 24th September, 2011. The submission of the learned counsel for the petitioner is that at the threshold when the passport was issued in her name, her name was erroneously spelt as 'Aprana Modi' instead of 'Aparna Mody' and furthermore her date of birth was also mentioned in the passport as '26th May, 1983' instead of '26th June, 1983'. The learned counsel for the petitioner also submits that now the petitioner is contemplating to apply passport afresh and the respondent-authorities while processing her application shall take note of the recitals contained in the earlier passport and the same is likely to result in many complications. As per averments contained in the writ petition when the petitioner approached the respondents for renewal/issuance of fresh passport, she was conveyed by the respondents to seek a declaration from the competent civil court about her date of birth and change in the spelling of her name. Learned counsel for the petitioner submits that insistence of the respondents to seek a declaration from a competent civil court for such matter will take a considerable period as the process of adjudication before a civil court is very much cumbersome.
(3.) LEARNED counsel for the petitioner has invited my attention to the order dated 31st October, 2011 passed by this Court in SBCW No.7873/2010 ­ Piyush Chopra V/s. UOI & Ors., wherein in almost similar circumstances, this court has issued directions to the respondents to make necessary corrections in the passport. Learned counsel for the petitioner has also submitted that subsequent to the decision in the case of Piyush Kumar, this Court has issued similar directions in the case of Ravi Bansal V/s. Union of India -SBCW No.5636/2012 - decided on 26th April, 2013.;


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