Rajasthan HC directs Govt. To Amend Rules To Ensure Hassle-free Issue Of Birth Certificate To Single Mothers
8 years, 5 months ago

Rajasthan HC directs Govt. To Amend Rules To Ensure Hassle-free Issue Of Birth Certificate To Single Mothers

Live Law  

In a progressive judgment reaffirming the rights of single mothers, the Rajasthan High Court directed the state government to amend existing rules and provide necessary guidelines to ensure painless issuance of birth certificate to single mothers. “To ward off denial of Birth Certificate to the single parent or unwed mother or woman, a direction is, hereby, issued to the State of Rajasthan to amend rules and issue necessary instructions that as and when a single parent/unwed mother or woman applies for grant of Birth Certificate, such Certificate ought to be issued without causing unnecessary hurdles.” Justice Kanwaljit Singh Ahluwalia stated in the Judgment The judgment came on a petition filed by one Mamta Swami, who after her divorce and obtaining the custody of her child sought the issuance of a fresh birth certificate that shall reflect only her name, and the name of his father be omitted. It was prayed that the single mother rearing her child needs to be acknowledged for her individual identity and dignity and placed on record instructions/ guidelines to be issued by the government that the Birth Certificate without raising unnecessary objections shall be issued in favour of the single parent/unwed mother or woman. The court stated: “Rajasthan is a dynamic progressive state, still some officials of the government cherish feudal values and are reluctant to acknowledge dignity and individual identity of a woman.” However, since the authorities handed over the Birth Certificate carrying due modifications to the petitioner, the court stated that it would abstain from imposing heavy cost and issuing show cause notice for passing strictures.

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History of this topic

Kerala government eases procedures to change name in birth certificate
1 day, 13 hours ago

Kerala government eases procedures to change name in birth certificate

The Hindu  

Bringing relief to many who have been facing difficulties in correcting their name in the birth certificate, the State government has now decided to simplify the procedures for the same. Rajesh said in a press release here on Thursday that the change in rules was done following a request submitted by Kannan Baiju of Elampallor grama panchayat in Kollam district …

Karnataka High Court evolves procedure to allow change of name in birth certificate till law is amended
1 month, 2 weeks ago

Karnataka High Court evolves procedure to allow change of name in birth certificate till law is amended

The Hindu  

Taking note that the absence of a provision in law to change the name originally entered in the birth certificate is causing hardship to parents of minor children and even to adults, the High Court of Karnataka has permitted changing the name in birth register and certificates and evolved a procedure to carry out changes, till the State amends the …

Plea Filed In Supreme Court For Issuance Of OBC Certificates To Children Of Single Mothers Without Certificate From Paternal Side; Notice Issued
1 month, 3 weeks ago

Plea Filed In Supreme Court For Issuance Of OBC Certificates To Children Of Single Mothers Without Certificate From Paternal Side; Notice Issued

Live Law  

The Supreme Court on Friday issued notice on a PIL seeking amendment in the guidelines for grant of OBC certificates to children of single mothers, so that the same can be issued based on OBC certificates of the single mothers, without insistence on certificates from the paternal side. The petitioner, a retired teacher from MCD, claims that as per existing …

SC asks Centre, Delhi govt stand over plea to amend OBC certificate rules
1 month, 4 weeks ago

SC asks Centre, Delhi govt stand over plea to amend OBC certificate rules

Hindustan Times  

New Delhi, The Supreme Court on Friday sought replies from the Centre and the Delhi government on a plea seeking directions to amend rules for issuing OBC certificates to children of single mothers. SC asks Centre, Delhi govt stand over plea to amend OBC certificate rules A bench of Justices B R Gavai and Augustine George Masih passed the order …

'Live-In Relationships Must Be Registered With Govt Authority Till Law Is Formulated To Govern Them': Rajasthan High Court
1 month, 4 weeks ago

'Live-In Relationships Must Be Registered With Govt Authority Till Law Is Formulated To Govern Them': Rajasthan High Court

Live Law  

Emphasizing that the need of the hour was for the Centre and State government to enact a legislation governing live-in relationships, the Jaipur bench of the Rajasthan High Court on Wednesday directed, that till such a law is enacted, live-in-relationship must be registered by a government established authority or tribunal. Justice Anoop Kumar Dhand in his order said, "The live-in-relationship …

Calcutta High Court Allows Rectification Of Child's Birth Certificate To Replace Biological Father's Surname With Step-Father's Surname
1 year ago

Calcutta High Court Allows Rectification Of Child's Birth Certificate To Replace Biological Father's Surname With Step-Father's Surname

Live Law  

The Calcutta High Court has recently allowed a plea moved by the mother of a minor child to replace the biological father's surname in the child's birth certificate with the name of the step-father.It was submitted that the child was born from her first marriage and that after the dissolution of that marriage, she remarried and moved out of the …

Birth Certificate Can’t be Denied When Identity, Paternity Established: Karnataka High Court
1 year, 6 months ago

Birth Certificate Can’t be Denied When Identity, Paternity Established: Karnataka High Court

News 18  

The Karnataka High Court has said when identity and paternity of a person is not in dispute, they cannot be denied insertion of their name in the birth certificate, merely on the ground of delay under the rules. The authorities also cited the instruction issued by the Ministry of Home Affairs by which the 15-year period had been provided for …

Bombay High Court Comes To Aid Of Woman Stuck With Ex-Husband’s Name Wrongly Added To Child’s Birth Certificate
1 year, 6 months ago

Bombay High Court Comes To Aid Of Woman Stuck With Ex-Husband’s Name Wrongly Added To Child’s Birth Certificate

Live Law  

Expressing surprise at the Navi Mumbai Municipal Corporation’s unwillingness to correct the father’s name on the birth certificate of a 3-year-old, the Bombay High Court directed the Municipal body to immediately replace the woman’s ex-husband’s name with the child’s biological father’s name on the birth certificate. He also cited a 2018 judgement of the Bombay High Court that allowed an …

Parents' Mistake Can't Deprive Child Of Birth Certificate For Eternity: Karnataka High Court
1 year, 6 months ago

Parents' Mistake Can't Deprive Child Of Birth Certificate For Eternity: Karnataka High Court

Live Law  

The Karnataka High Court has allowed a petition seeking a direction to the civic body to insert the petitioner's name in her birth certificate observing that 'a mistake by the parents cannot put the child at a disadvantage'. Upon considering the arguments, the bench observed, “The birth certificate which has been issued and produced at Annexure-A does not indicate any …

Applications For Correction In Birth Certificate Can't Be Rejected Summarily, Registrar Must Consider Evidence Placed Before It: Kerala High Court
2 years, 6 months ago

Applications For Correction In Birth Certificate Can't Be Rejected Summarily, Registrar Must Consider Evidence Placed Before It: Kerala High Court

Live Law  

The Kerala High Court recently directed all the Registrars under the Municipality and Grama Panchayat to conduct an enquiry adhering to provisions under the Registrations of Birth and Deaths Act, 1969, while considering applications seeking correction of Birth Certificates, and not to reject such applications summarily. Justice Amit Rawal made the direction upon noting instances where the Registrars, without adhering …

Passport Officer Can't Usurp Power Of Authority Issuing Birth Certificate Or Make Independent Enquiry Into Applicant's Date Of Birth: Rajasthan HC
2 years, 6 months ago

Passport Officer Can't Usurp Power Of Authority Issuing Birth Certificate Or Make Independent Enquiry Into Applicant's Date Of Birth: Rajasthan HC

Live Law  

The Rajasthan High Court has observed that Passport Authorities are not expected to make their own independent enquiry, if there is a dispute or differences with regard to the date of birth, place of birth or name entered in the passport, especially when such entries are made on the basis of records, produced by the passport holder. The bench, while …

"This Is Not An Act Yet" : Supreme Court Dismisses Petition Challenging Rajasthan Law Permitting Registration Of Child Marriages
2 years, 6 months ago

"This Is Not An Act Yet" : Supreme Court Dismisses Petition Challenging Rajasthan Law Permitting Registration Of Child Marriages

Live Law  

The Supreme Court on India on Monday dismissed a petition challenging section 8 of the Rajasthan Compulsory Registration of Marriages Bill, 2021. The petitioner "Youth Bar Association of India" challenged the law as it permits registration of child marriages. The Rajasthan State Assembly in 2021 had passed the bill to amend a 2009 Act which provides for mandatory registration of …

Rajasthan High Court Asks Woman Pressurized By Parents To Live With Child Marriage Partner To Approach Police For Security
2 years, 9 months ago

Rajasthan High Court Asks Woman Pressurized By Parents To Live With Child Marriage Partner To Approach Police For Security

Live Law  

The Rajasthan High Court has directed a woman, who was married off while a minor and now wishes to part her ways, to file a representation before the Superintendent of Police, Jodhpur for appropriate security. Notably, the woman has approached the court with the grievance that her parents are pressuring her to live with the person with whom her marriage …

Registration Of Births & Deaths Act | Registrar Has Power U/S 15 To Make Changes In Certificate: Gujarat High Court
2 years, 11 months ago

Registration Of Births & Deaths Act | Registrar Has Power U/S 15 To Make Changes In Certificate: Gujarat High Court

Live Law  

The Gujarat High Court has allowed a writ petition seeking directions to the Registrar under the Registration of Births and Deaths Act, 1969 to issue a fresh Birth Certificate in the name of son of the Petitioner after making necessary correction in his date of birth. It was averred that the Respondent was authorised under Section 15 Rule 11 of …

Rajasthan caste certificates to list mother’s name also, says top official
3 years, 5 months ago

Rajasthan caste certificates to list mother’s name also, says top official

Hindustan Times  

JAIPUR: The Rajasthan government will begin listing the mother’s name in caste certificates issued by the government to ensure that children of single women do not lose out, a senior state government official said on Tuesday, announcing the end of the decades-old practice of only mentioning the father’s name on caste certificates. This is why we have decided to begin …

Rajasthan govt's U-turn on child marriage registration bill after uproar over controversial clause
3 years, 5 months ago

Rajasthan govt's U-turn on child marriage registration bill after uproar over controversial clause

India TV News  

The Congress government in Rajasthan is facing criticism over a controversial bill on child marriage that was passed last month by the Legislative Assembly. The Rajasthan Compulsory Registrations of Marriage Bill, 2021, amended a 2009 law on mandatory registration of marriages. The bill amends Section 8 of the Rajasthan Compulsory Registration of Marriages Act, 2009, which deals with “Duty to …

Rajasthan Govt To Withdraw the Disputed Marriage Registration Bill
3 years, 5 months ago

Rajasthan Govt To Withdraw the Disputed Marriage Registration Bill

The Quint  

On 17 September, the Rajasthan Assembly had passed a Bill to amend a 2009 Act on mandatory registration of marriages, including child marriages. The Rajasthan Compulsory Registration of Marriages Bill, 2021, had amended the Rajasthan Compulsory Registration of Marriages Act, 2009. Bharatiya Janata Party legislators had walked out of the House in protest and questioned the need for the registration …

Rajasthan guv stays child marriage registration
3 years, 5 months ago

Rajasthan guv stays child marriage registration

Hindustan Times  

Rajasthan governor Kalraj Mishra on Monday put on hold for further legal examination a bill to amend the law regarding mandatory registration of all marriages, after objections were raised by the opposition Bharatiya Janata Party, non-governmental organisations, and social activists. That being so, it would be in the interest of the society if marriages are made compulsorily registrable.” NGOs have …

New Rajasthan marriage registration Bill retrograde: Activists
3 years, 5 months ago

New Rajasthan marriage registration Bill retrograde: Activists

Hindustan Times  

Even as the state government has maintained that the Rajasthan Compulsory Registration of Marriages Bill passed this month does not legalise child marriages, rights groups continue to object to it calling the proposed law retrograde. The government claims that the Prohibition of Child Marriage Act, 2006 provides for declaring a child marriage void and the amended bill does not in …

NCPCR writes to Rajasthan govt urging to reconsider Child Marriage Bill
3 years, 6 months ago

NCPCR writes to Rajasthan govt urging to reconsider Child Marriage Bill

Op India  

The National Commission for Protection of Child Rights has urged the Rajasthan government to review the Compulsory Registration of Marriages Bill, 2021 stating that legalizing the marriage of minors not only violates the law, but will also have a serious impact on the physical, psychological, social and education of minors in Rajasthan. NCPCR has reminded to Rajasthan government that the …

'Shields The Solemnization Of Marriages Of Children': Plea In Supreme Court Challenges Section 8 of Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021
3 years, 6 months ago

'Shields The Solemnization Of Marriages Of Children': Plea In Supreme Court Challenges Section 8 of Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021

Live Law  

A Public Interest Litigation petition has been filed in the Supreme Court challenging the constitutional validity of Section 8 of the Rajasthan Compulsory Registration of Marriages Bill, 2021 so far as it permits the registration of child marriages. The Rajasthan State Assembly last week passed the aforementioned bill to amend a 2009 Act which provides for mandatory registration of marriages, …

Compulsory Registration Of Child Marriages : Understanding The Issue
3 years, 6 months ago

Compulsory Registration Of Child Marriages : Understanding The Issue

Live Law  

The Rajasthan State Legislative Assembly passed a bill to amend Rajasthan Compulsory Registration of Marriages Act, 2009, which provides for mandatory registration of marriages, including child marriages. Thus, it is important to know about the law prohibiting child marriages as well as the background of compulsory marriage registration laws. Prohibition of Child Marriage Act, 2006 The Prohibition of Child Marriage …

Rajasthan Assembly Passes Bill To Allow Registration Of Child Marriages
3 years, 6 months ago

Rajasthan Assembly Passes Bill To Allow Registration Of Child Marriages

Live Law  

The Rajasthan State Assembly on Friday passed a bill to amend a 2009 Act which provides for mandatory registration of marriages, including child marriages.The bill which has been passed yesterday proposes to amend, inter alia, Section 8 of the 2009 Act, which speaks of the duty of parties to submit a Memorandum for registration of marriage. The bill which has …

Rajasthan Congress Govt passes bill to register child marriage
3 years, 6 months ago

Rajasthan Congress Govt passes bill to register child marriage

Op India  

The Rajasthan Congress government led by Ashok Gehlot has passed the ‘Compulsory Registration of Marriages Amendment bill of Rajasthan’ on Friday, September 17. By clearing the passage of the aforementioned bill to register child marriage, the Congress government has allowed the registration of child marriages in the state. Rajasthan government’s decision to pass the contentious bill to register child marriage …

Rajasthan passes bill to register child marriages, oppn calls it a black day
3 years, 6 months ago

Rajasthan passes bill to register child marriages, oppn calls it a black day

Hindustan Times  

Rajasthan has passed a bill to amend an act on mandatory registration of marriages, including child marriages, with the opposition staging a walkout from the assembly. Rajasthan parliamentary affairs minister Shanti Dhariwal said that the amendment does not say that child marriages will be valid. Rajasthan parliamentary affairs minister Shanti Dhariwal, however, said that the amendment does not say that …

Rajasthan High Court Upholds Single Judge Decision Granting Maternity Leave To Woman Who Gave Birth Prior To Joining Service
3 years, 7 months ago

Rajasthan High Court Upholds Single Judge Decision Granting Maternity Leave To Woman Who Gave Birth Prior To Joining Service

Live Law  

Upholding the decision of the Single Judge, a Division Bench of the Rajasthan High Court has affirmed that a female government servant was entitled to avail maternity leave if she joins within the period of confinement i.e. A Division Bench of Justices Vinit Kumar Mathur and Indrajit Mahanty rejected the argument of Additional Advocate General Pankaj Sharma that the respondent-mother …

Adoption authority gets HC notice on plea
3 years, 11 months ago

Adoption authority gets HC notice on plea

The Hindu  

The Delhi High Court has issued notice to the Central Adoption Resource Authority on a plea by a Hindu couple, living in the U.S., seeking a no-objection certificate to adopt a child born to Christian parents. “The present petition raises an issue of enormous importance as it relates to a legal vacuum in respect of adoptions carried out prior to …

Rajasthan HC's Judgment On Supremacy Of Woman's Autonomy In Matters Of Abortion
4 years, 9 months ago

Rajasthan HC's Judgment On Supremacy Of Woman's Autonomy In Matters Of Abortion

Live Law  

Article 21 of the Constitution of India guarantees to every person the Right to Life and Liberty. Last month, the Rajasthan High Court delivered a significant judgment on the importance of a woman's autonomy in matters of abortion, which is a welcome change. As per the Act, the grounds for abortion are limited to: Where continuance of pregnancy would cause …

Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]
5 years, 6 months ago

Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]

Live Law  

The Rajasthan High Court rejected a challenge against exclusion of married daughters from availing the benefit of compassionate appointment under Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules,1996.One Kshama Devi, had challenged the validity of Rule 2 contending that the same to the extent it excludes from its purview married daughters,. The Rajasthan High Court rejected a challenge …

Paternity Dispute: DNA Test Cannot Be Ordered Merely On The Basis Of Bland Statement Of Applicant (Father), Holds Rajasthan HC
5 years, 10 months ago

Paternity Dispute: DNA Test Cannot Be Ordered Merely On The Basis Of Bland Statement Of Applicant (Father), Holds Rajasthan HC

Live Law  

Rajasthan High Court held that the courts have to be very careful and sensitive to the circumstances before passing orders for getting the DNA test conducted for establishment of paternity in a case. Background Bench of Justice Sanjeev Prakash Sharma was hearing a petition whereby petitioner husband had challenged the order of a Civil Judge, rejecting his application for demanding …

Single Mothers Cannot Be Forced To Disclose Name Of Child’s Father For Birth Certificate: Madras HC [Read Order]
6 years, 8 months ago

Single Mothers Cannot Be Forced To Disclose Name Of Child’s Father For Birth Certificate: Madras HC [Read Order]

Live Law  

Madurai Bench of the Madras High Court on Wednesday made it clear that there exists no legal obligation for single mothers to disclose the name of their child’s father while registering for the child’s birth.Justice M.S. Madurai Bench of the Madras High Court on Wednesday made it clear that there exists no legal obligation for single mothers to disclose the …

Unwed mother can be sole guardian: Supreme Court
9 years, 8 months ago

Unwed mother can be sole guardian: Supreme Court

The Hindu  

Upholding the right of an unwed mother to apply for sole guardianship over her minor son without prior consent of the child’s absentee biological father, the Supreme Court on Monday said women are increasingly choosing to raise their children alone, and there was no need to thrust an uncaring father on a child. The young mother, whom the apex court …

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