Passport and Birth Certificate dilemma
Karthik Elamvazhuthi
(Querist) 01 June 2011
This query is : Resolved
This is regarding my passport application for which I need my birth certificate. I was issued a birth certificate by Municipal Corporation of Nagercoil, Kanniyakumari district, Tamil Nadu. However, there is an error in my mother's name. This is due to name change she has undergone after marriage(Previous name: Kanaga, Present Name: Kanaka). My 10th marks card has my mother's present name. My birth certificate has the previous name. This is causing a problem for my passport application. We have got a gazette notification and deed poll for my mother's name change. The passport officer says since the notification and deed poll(2011) was drawn after the date of my 10th marks card(2005), its not valid proof. He insists that I must change my mother's name in my birth certificate to match the name in my marks card. However, the municipal corporation is refusing to make this change in spite of the proof. Please analyze my situation and let me know if there is a feasible solution as both parties are not willing to accept the proof. It seems like there is no way for me to get a passport. Because of this I have already missed one year of education for overseas studies. At this rate I can never leave the country. What are my options? Should I be filing a law suit against the municipal corporation? Your advice is most needed.
M/s. Y-not legal services
(Expert) 01 June 2011
File a writ petition against the municipal corporation.. Before that to be given some representation to the municipal corporation regard this.. High court will direct the respondent to do the same.
anil kumar
(Expert) 02 June 2011
Your mother can give an affidavit that she was also nick-named as kanaga prior to her marriage. Her real name is kanaka as reflected in the Gazette Notification. On publication of Gazette the name change takes effect and has got to be changed in each and every identity document which she is possessing such as passport, electoral card, driving license etc. Even the municipal authorities have to recognise the change in name on the strength of gazette notification. If the authorities are reluctant, you may file writ petition after serving a short notice of 3 days to both the passport and municipal and such other authorities who are required to act.
