As and when single parent/unwed mother or woman apply for grant of Birth Certificate, such Certificate ought to be issued without causing unnecessary hurdles

In Mamta Swami vs State Of Raj And Ors which was decided on 22 September, 2016 the Hon'ble High Court of Rajasthan has held that "as and when single parent/unwed mother or woman apply for grant of Birth Certificate, such Certificate ought to be issued without causing unnecessary hurdles."

The petition has been preferred under Article 226 of the Constitution of India praying interalia that the respondents be directed to issue a fresh Birth Certificate omitting the name of Anand Sharma, father of Master Aadhyaat Swami. It has been further prayed that in the Birth Certificate to be issued afresh only name of the petitioner/mother be reflected.

It is pleaded in the present petition that the petitioner was married with one Anand Sharma in the year, 2000. During the subsistence of marriage son, namely Master Aadhyaat Swami, respondent No.4 was born. Due to irreconciliable differences, parties obtained divorce by mutual consent by filing a petition under Section 13-B of the Hindu Marriage Act.

In the petition, it was noted that the custody of the child shall remain with the petitioner/single parent. The petitioner approached respondents for issuance of a fresh Birth Certificate on the ground that for the admission of child in the School or for opening a bank account, Officials insist that signatures of the father be obtained, hence, fresh Birth Certificate be issued. In the petition, it is stated that after the divorce, child is being reared by the petitioner/ single parent.

Relying on the direction issued by the Supreme Court of India in the case of ABC Vs. The State (NCT of Delhi), reported as A.I.R. 2015 S.C. 2569, the Hon'ble High Court held that "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 single parent/unwed mother or woman apply for grant of Birth Certificate, such Certificate ought to be issued without causing unnecessary hurdles."