Court emphasizes adherence to statutory procedures under the Registration of Births and Deaths Act, 1969, and Uttar Pradesh Rules for delayed death registration.
In a significant ruling, the Allahabad High Court dismissed a writ petition filed by Naval Kishore Srivastava, seeking a directive for the issuance of a death certificate for his first wife, Madhuri Srivastava, who purportedly died on January 25, 2001. The Division Bench, comprising Justices Atul Sreedharan and Vivek Saran, underscored the necessity of adhering to statutory requirements under the Registration of Births and Deaths Act, 1969, and the Uttar Pradesh Registration of Birth and Death Rules, 2002.
The petitioner, Naval Kishore Srivastava, claimed that his first wife left him in 1962 and subsequently passed away in 2001 at her maternal home in Varanasi. He remarried in 2001 but faced hurdles in updating his marital status in official records due to the absence of a death certificate for his first wife. Despite efforts to obtain the certificate through various means, including a letter from the local Parshad, the petitioner failed to meet the statutory requirements.
The court emphasized that the issuance of a death certificate beyond one year of the death occurrence requires an order from the Sub-Divisional Magistrate (SDM) under Section 13 of the Registration of Births and Deaths Act, 1969, and Rule 9(3) of the Uttar Pradesh Rules. The petitioner admitted approaching the SDM but did not disclose the outcome, leading the court to presume non-compliance with obtaining the necessary order.
The court highlighted that circumventing statutory requirements by directing the Registrar to issue a death certificate without compliance would undermine the legal framework and the purpose of the Act. It further noted that the petitioner’s inability to secure necessary documents or his inconvenience cannot justify bypassing the statutory procedures.
The court also pointed out that any action that assumes the death of a person without proper evidence could lead to extinguishing their legal existence unjustly. The court advised the petitioner to continue pursuing statutory remedies by engaging with the appropriate authorities.
Ultimately, the court found the petition to be misconceived and dismissed it, reaffirming the importance of following due legal processes for the registration of births and deaths.
Bottom line:-
Death Certificate - Issuance of death certificate requires compliance with statutory requirements under the Registration of Births and Deaths Act, 1969 and Uttar Pradesh Registration of Birth and Death Rules, 2002. Any delayed registration of death beyond one year mandates an order from the Sub-Divisional Magistrate along with payment of requisite fees.
Statutory provision(s): Registration of Births and Deaths Act, 1969 Section 13, Uttar Pradesh Registration of Birth and Death Rules, 2002 Rule 9(3)
Naval Kishore Srivastava v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2899776
