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Bombay HC: Truth Over Paperwork on Birth Certificates
29 Jul
Summary
- Bombay High Court allowed birth certificate correction.
- DNA test confirmed biological father with 99.99% probability.
- Court prioritized current facts over outdated marriage status.

In a significant ruling, the Bombay High Court has mandated the correction of a child's birth certificate to accurately reflect her biological father's name. The case involved a mother who was legally married but separated and had initiated divorce proceedings when she had a child with another man. Initially, the birth certificate listed her husband at the time of birth, a consequence of her marital status.
Following the finalization of her divorce and subsequent marriage to the child's biological father, the couple sought to rectify the birth record. When their request to the municipal corporation was denied, they appealed to the Bombay High Court. Both parents affirmed the biological father's identity, and a DNA test submitted to the court established paternity with a 99.99 percent probability.
The court referenced the Registration of Births and Deaths Act, along with a previous Supreme Court judgment, to justify the correction. The judges emphasized that the ruling was not about altering history but about ensuring that official documents accurately represent the established facts and present reality. This judgment underscores the importance of aligning crucial personal documents with truth and acknowledges the complexities of modern family structures.