High Court of Gujarat

HIRALBEN SHARADCHANDRA SIDDHPURAversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: HEMANT M PRACHCHHAK

Holding

The court held that the petitioner must first approach the Registrar under the applicable Rules, and therefore the Special Civil Application was withdrawn.

Summary

The petitioner, Hiralben Sharadchandra Siddhpura, filed a Special Civil Application seeking a writ of mandamus to compel the State of Gujarat to correct the birth certificate of her son, Evan, by inserting her name as the mother and removing the father's name. The petitioner requested that the corrected certificate list the child as Evan Hiralben Siddhpura with the father's column left blank. The court examined the petition and noted that the appropriate remedy under the law is to first approach the Registrar with an application as prescribed by the Rules. Accordingly, the petitioner’s counsel sought permission to withdraw the present petition to pursue the correct procedural route. The court granted the permission, ordered the petition withdrawn, and directed the Registrar to decide the application within four weeks, after giving the petitioner an opportunity to produce relevant documents.

Issues considered

What is the appropriate legal remedy for correcting a birth certificate – a writ of mandamus or an application to the Registrar under the Rules?

Subjects

birth certificate correctionwrit of mandamusspecial civil applicationregistrarprocedural remedy

Judgment

     C/SCA/14497/2025                              ORDER DATED: 16/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 14497 of 2025

==========================================================
                  HIRALBEN SHARADCHANDRA SIDDHPURA
                                 Versus
                        STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR JIGNESH L HAJARE(3994) for the Petitioner(s) No. 1
MS DIXA PANDYA AGP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 16/03/2026

                                 ORDER


1.      Rule returnable forthwith. Ms. Dixa Pandya, learned AGP
waives service of notice of Rule on behalf of the respondent
No.1.


2.      The present petition is "led by the petitioner seeking
following reliefs:

        (A) YOUR LORDSHIPS may be pleased to admit and allow this
        Special Civil Application and be pleased to issue a writ of
        Mandamus or a writ in the nature of Mandamus or any other
        appropriate writ, order or direction and be pleased to direct the
        respondent authority to make correction in the birth certi'cate/
        register of the son the petitioner namely Evan as insert the
        name and surname of the petitioner mother as Hiral Siddhpura
        and full name as Evan Hiralben Siddhpura and consequently
        give directions to remove the name of the father Ashish and
        Surname Christian from the birth certi'cate of the son of the
        petitioner namely Evan and further pleased to direct
        respondent authority to issue fresh birth certi'cate of Evan
        containing the correct name as Evan Hiralben Siddhpura and
        keeping the column of name of father blank in the interest of
        justice.

                                 Page 1 of 2
        C/SCA/14497/2025                                                   ORDER DATED: 16/03/2026




           (B) YOUR LORDSHIPS may be pleased to grant such other and
           further relief(s) as deemed 't, just and proper in the interest of
           justice


 3.        Heard Mr. Hajare, learned counsel for the petitioner.


 4.        Considering the facts of the case and after going through
 the averments raised in the petition, it appears that the
 petitioner has e,cacious remedy available under the law where
 "rst the petitioner has to approach the Registrar by way of "ling
 an application as provided under the Rules. In view of that, the
 Mr. Hajare, learned counsel seeks permission to withdraw the
 present petition with a view to enable him to make appropriate
 application before the concerned authority.


 5.        Permission sought for is granted. The petition stands
 disposed of as withdrawn. The concerned authority shall decide
 the application within 4 weeks from the date of receipt of writ of
 this order. After giving proper opportunity to the petitioner to
 produce all the relevant documentary evidences and after
 hearing the petitioner, the necessary order may be passed by
 the Registrar.



                                                               (HEMANT M. PRACHCHHAK,J)
 ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/03/2026 17:25:16




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