Ruben Tom Joseph vs Union Of India

N. Nagaresh, J

The petitioner, who was born in Kuwait, has filed this writ petition seeking to command the respondents to direct the Consulate of Kuwait in India to issue a certificate to the petitioner stating that the name of the petitioner was wrongly entered as Tomson in Ext.P1 Birth Certificate and Mr. Tomson and Mr. Ruben Tom Joseph holding Indian Passport No.M2736669 are one and the same person only.

The petitioner states that he was born in Kuwait on 16.03.1977 at Maternity Hospital, Kuwait. The parents of the petitioner were working in Kuwait. The Central Registry for Births and Deaths under the Ministry of Public Health, Kuwait had issued Birth Certificate of the petitioner in 1977. Since the Birth Certificate was in Arabic language, the wrong entry of petitioner's name could not be detected.

The petitioner states that in all other documents including in the Passport issued by the Embassy of India, the petitioner's name is correctly shown as “Ruben John Joseph”. When the petitioner's parents retired from service in Kuwait, the petitioner and parents came back to India. The petitioner is holding Indian passport No.M2736669.

Now, the petitioner wants to go to US. When the petitioner submitted application for H-1B Job Visa, the application was rejected for the reason that the name of the petitioner shown in the Birth Certificate is different from actual name of the petitioner. The petitioner sent a representation to the Consulate of Kuwait, Mumbai seeking to issue a certificate stating that the name of the petitioner was wrongly entered. The representation was not responded to. Hence, the petitioner is before this Court.

The respondents, who are Union of India and Embassy of India, Kuwait, filed a statement. The respondents submitted that the petitioner was informed of the prescribed procedure for correcting the name. What is sought to be done by the petitioner are sovereign functions of the State of Kuwait. Steps are to be taken by the petitioner himself and the Ministry of External Affairs or Embassy of India, Kuwait cannot do much on behalf of the petitioner.

The respondents explained the procedure to be followed by the petitioner, which is as follows:-

Service Description

This service allows to obtain a birth modification, if the than six years old. citizens, residents and visitors certificate with a new name birth certificate holder is more

Conditions for obtaining the service

The daughter or son whose name is to be changed must have a Kuwaiti birth certificate.

Required documents

(i) A final court ruling stating the amendment or correction

(ii) Original birth certificates (Original & copy)

(iii) Civil ID (Original & copy)

(iv) Passport (Original & copy)

Procedures

Bring the required documents and go to the Central Registry of Births & Deaths Department of the

Ministry  of  Health,  State  of  Kuwait –  Maidan

Hawally (Dasma area) - Block 11 – Hammoud Al

Nasser Street to implement the service.

I have heard the learned counsel for the petitioner and the the learned ASGI representing the respondents.

The petitioner was born in Kuwait and the petitioner's name was wrongly recorded in the Birth Certificate. Now, the petitioner wants to correct the Birth Certificate and obtain a certificate from the State of Kuwait that “Tomson” and the petitioner is one and the same person.

Issuance of such certificates is sovereign function of the State of Kuwait. Ordinarily, citizens themselves will have to go to Kuwait and do the needful for the same. Indian Embassy in Kuwait can only act as a Facilitator. From Ext.P7 e-mail communication sent by the 2nd respondent to the petitioner, the Embassy of India, Kuwait has informed the petitioner that to examine the matter of the petitioner (if he is in Kuwait), the petitioner may approach Indian Embassy in Kuwait with all documents in support of his claim including Birth Certificate issued by the Embassy / Embassy Birth Registration Serial number. The Embassy of India, Kuwait also informed the petitioner that if the petitioner is not in Kuwait, he may authorise someone in Kuwait with all documents in support of his claim and direct such person to visit the Embassy.

The petitioner, however, wants to get certificates without visiting Kuwait and without authorising anyone in Kuwait, on his behalf. When the actual exercise of correction of certificates is to be done by the State of Kuwait, the petitioner cannot insist that without the presence of the petitioner or anyone authorised on his behalf in Kuwait, the petitioner should get the certificate corrected. The petitioner can only aspire to get services provided by the Embassy of India, Kuwait within their procedural limitations.

In the circumstances, no orders can be passed in this writ petition. The petitioner will, however, be free to follow the advice given by the Embassy of India, Kuwait in Ext.P7 for redressal of his grievances.

With the said observation, the writ petition is dismissed.