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High CourtsSingle Bench(2022) 01 DEL CK 0145

Akshay Kumar Shahare vs New Delhi Municipal Council

Delhi High Court · Decided on 20 January 2022

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3370 Of 2021, Civil Miscellaneous Application No. 10248 Of 2021

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Judgment

21 paragraphs · 348 words

Sanjeev Sachdeva, J

1.

The hearing was conducted through video conferencing.

2.

Petitioner seeks a direction to the respondent to rectify the death certificate dated 11.11.2019 whereby the name of the wife of the adoptive father

of the petitioner has been mentioned “Minaâ€​.

3.

It is submitted by learned counsel for the petitioner that Mina is biological mother of the petitioner but she is not the wife of the adoptive father

“Mr. Ashok Kumar Shahare.

4.

It is submitted that petitioner was adopted by Mr. Ashok Kumar Shahare from Mr. Prabhakar Shahare and Mina Shahare, brother and sister-in-law

of the adoptive father of the petitioner.

5.

Affidavit has also been filed of Ms. Mina Shahare categorically stating that she is not the wife of Mr. Ashok Kumar Shahare, however, her name

has inadvertently crept in on account of erroneous entry made by the Primus Super Speciality Hospital, Chankaya Puri, Delhi.

6.

Primus Super Speciality Hospital has also issued a letter to the Registrar (Births-Deaths) for correction of the name in the death certificate of Mr.

Ashok Kumar Shahare.

7.

Learned counsel Mr. Anurag Ahluwalia, Advocate appearing for Ministry of Defence has filed part of the service record of Mr. Ashok Kumar

Shahare. Copy of the same has been filed over e-mail of the Court Master. Same is taken on record. 8. Perusal of the service record of Mr. Ashok

Kumar Shahare does not show that Mina Shahare was his wife. Even the CGHS Card

 applied for and issued to him contains only his name and the names of his son and daughter.

9.

In view of the above, petition is disposed of with a direction to the respondent to delete the name “Mina†in the clause: Name of Husband/wife,

from the death certificate of Mr. Ashok Kumar Shahare. Fresh death certificate be issued expeditiously preferably within a period of one week from

today.

10.

Petition is disposed of in the above terms.

11.

Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.