Petition Dismissed Due to Non-Compliance with Legal Requirements for Issuing Death Certificate
In a significant ruling, the Patna High Court, presided over by Justice Partha Sarthy, has dismissed a writ petition filed by Priyanka Kumari, seeking the issuance of a death certificate for her husband, Late Rajesh Kumar Yadav, who has been missing since May 2024. The court upheld the decision of the authorities to reject the issuance of the death certificate, citing non-compliance with the necessary statutory provisions.
The case revolved around the disappearance of Rajesh Kumar Yadav, who went missing over two years ago. Despite a confession from an accused claiming responsibility for his murder, the court emphasized the necessity of adhering to Section 13(3) of the Registration of Births and Deaths Act, 1969. According to this provision, a death certificate for a missing person can only be issued after a competent court verifies the death and upon payment of the prescribed fee.
The petitioner, represented by Advocate Manish Kumar, argued that the confession should suffice for issuing the death certificate, especially since the accused admitted to the crime. However, the court noted that the statutory requirement necessitates a formal order from a court to confirm the death, which was not obtained in this case.
The court's decision highlights the legal complexities surrounding the issuance of death certificates in cases involving missing persons. The ruling underscores the importance of following procedural requirements to ensure the legitimacy of such critical documents.
The dismissal of the petition, which also sought to overturn an earlier order dated August 14, 2025, by a respondent authority, leaves the petitioner without the death certificate needed to access her late husband's pension—a crucial source of income for her survival.
In its judgment, the court reiterated that the issuance of a death certificate post one year of disappearance requires a court order, reinforcing the need for judicial intervention in verifying such cases. The decision serves as a reminder of the stringent legal framework governing the registration of births and deaths in India, particularly in situations involving missing individuals.
Bottom line:-
Death certificate of a missing person can only be issued under Section 13(3) of the Registration of Births and Deaths Act, 1969, after an order of a competent Court verifying the correctness of the death and on payment of the prescribed fee.
Statutory provision(s): Section 13(3) of the Registration of Births and Deaths Act, 1969
Priyanka Kumari v. State of Bihar, (Patna) : Law Finder Doc id # 2901106
