Correction Of Birth & Death Records Are Purely Administrative In Nature, Civil Suit Not Maintainable: Karnataka High Court

The Karnataka High Court observed that Section 15 of the Registration of Births and Deaths Act, 1969 oust the jurisdiction of Civil Courts in matters relating to correction of birth and death records, which are purely administrative in nature. The civil court, therefore, lacks jurisdiction where a special statute provides not only the right but also the remedy, including the forum, for its enforcement.

The Appellant filed a civil suit to rectify the name of his mother as recorded in the Death Certificate.

The Bench of Justice Sachin Shankar Magadum observed, “The exclusion of jurisdiction of Civil Courts must be determined by examining the nature of the relief claimed in the plaint. If the relief sought falls exclusively within the domain of a statutory authority created by a special enactment, then Civil Court jurisdiction stands excluded by necessary implication. In the present case, the plaintiff seeks rectification of the name of his mother in the Death Certificate and a declaration regarding her marital status. These issues arise directly from the official records maintained under the Act and are to be addressed under Section 15 by the Registrar, not through adjudication by a Civil Court.”

Advocate Vyshak P.N represented the Appellant, while Advocate Hemalatha and B.S. Satyanand represented the Respondents.

Case Brief

The Appellant filed a suit before the trial court seeking a direction against the Chief Registrar, Births and Deaths, to rectify the name of his mother as recorded in the Death Certificate issued by the concerned authorities.However, the trial court held that the appellant failed to examine any competent official witness from the hospital concerned to establish that the error in his mother’s name was due to a mistake on the part of the hospital authorities.

It was contended by the Respondent authorities that the suit was not maintainable before a civil court as jurisdiction of the Civil Court was expressly barred in view of Section 9 of the Civil Procedure Code read with Rule 7 of the Karnataka Registration of Births and Deaths Rules, 1999.

Court’s Analysis

The issue before the Court was whether the nature of relief sought in the suit is barred under Section 9 of the Civil Procedure Code in view of the statutory remedy available under Section 15 of the Registration of Births and Deaths Act, 1969?

The Court noted that as per section 15 of the Act, it was the exclusive authority on the Registrar to carry out inquiries and effect corrections or cancellations of entries relating to births and deaths as recorded in the official registers maintained under the Act.

“The provision contemplates a mechanism through which rectification of such records may be sought by the aggrieved person, and such correction is to be carried out by the statutory functionary designated under the Act, not by a Civil Court”, the Court said.

The Court was of the opinion that the appellants grievance, being one that directly pertains to a correction in the official record of a death, was thus within the domain of the Registrar and not amenable to adjudication by a Civil Court. The civil court, therefore, lacks jurisdiction where a special statute provides not only the right but also the remedy, including the forum, for its enforcement.

The Court said, “Upon a plain reading of Section 15, it is manifest that the Legislature intended to oust the jurisdiction of Civil Courts in matters relating to correction of birth and death records, which are purely administrative in nature. The scheme of the Act, read harmoniously with the Rules."

Accordingly, the Appeal was dismissed.

Cause Title: Suhas L V. The Chief Registrar (Neutral Citation: 2025:KHC:27031)

Appearance:

Appellant: Advocates Vyshak P.N, Bhargava D Bhat

Respondents: AGA Hemalatha for Respondents No. 1 to 3 and Advocate B.S. Satyanand for Respondent No. 2.

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