Bombay HC Allows Biological Father’s Name To Be Added To Birth Certificate Of Child Born In Extramarital Relationship By Mother

The first petitioner (biological mother) had approached the High Court seeking a direction for issuance of a fresh birth certificate of her child by deleting the name of her first husband from the name of father and adding the second husband’s (second petitioner) name, with whom she had an extramarital relation.

The Division Bench of Acting Chief Justice Ravindra V. Ghuge and Justice Ranjitsinha Raja Bhonsale held, “The combined paternity test is interpreted by concluding that the alleged father possesses the genetic markers that must be contributed to the child by the biological father. The probability of paternity is measured at 99.99%.”

“The biological mother, who is Petitioner No. 1, submits on oath that her then actual husband (XYZ) was not the biological father of the child. She avers that Petitioner No. 2 is the person with whom she had physical relation and the child was born. Petitioner No. 2 also concedes in this Petition, which is filed jointly, that he is the biological father of the girl child”, it added.

Advocate Uday Warunjikar represented the Petitioner while Advocate K. H. Mastakar represented the Respondent.

Factual Background

The first petitioner was previously married to a person XYZ. No child was born out of the said marital relationship. There were differences between the parties, and they started living separately. In 2013, the said couple filed an application under section 13-B of the Hindu Marriage Act, 1955. A decree dissolving the marriage was passed. When the couple was living separately, before the Decree, the first Petitioner developed physical relations with the second Petitioner and a daughter was born. After the formal separation of the couple, the first Petitioner married the second Petitioner. However, when the said daughter was born out of the extramarital relation, the name of the actual husband of the first Petitioner was recorded in the birth certificate, which was issued by the Municipal Corporation.

The first Petitioner approached the Municipal Corporation after marrying the second Petitioner, for seeking correction in the name of the biological father. Both the Petitioners averred on oath that they are the biological parents of the girl child. Reliance was placed upon a Judgment delivered by the Supreme Court in ABC vs. The State (NCT of Delhi) (2015).

Reasoning

The Bench, at the outset, made it clear that if there is adequate material available on record, Section 15 of the Registration of Births and Deaths Act, 1969 can be invoked for correction of the birth certificate.

Reference was made to the DNA test report placed on record by the Petitioners. The Bench noted that the combined paternity test was interpreted by concluding that the alleged father possessed the genetic markers that must be contributed to the child by the biological father.

The Bench also considered the averment of the biological mother that her then actual husband (XYZ) was not the biological father of the child and the second Petitioner was the person with whom she had physical relation and the child was born. The second Petitioner also conceded that he was the biological father of the girl. Taking into consideration such aspects, the Bench allowed the petition.

Cause Title: Mrs N & Anr. v. Brihanmumbai Municipal Corporation (Writ Petition (L) No. 6307 of 2026)

Appearance

Petitioner: Advocates Uday Warunjikar, Aditya Kharkar, Jinesh

Respondent: Advocate K. H. Mastakar, Medical Officer Varsharani Gonde

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