Bombay HC says NMMC can't refuse to change dad's name in birth certificate, asks to rectify with child's biological father

The Bombay High Court directed the civic body to issue a revised birth certificate rectifying the name of the child's father with his mother's lover, who was his biological father. The civic body had earlier informed the woman that the father's name cannot be rectified in the birth certificate. The woman had given birth to the child from her lover before getting formally divorced from her husband.

Mumbai: The Bombay High Court has ordered the Navi Mumbai Municipal Corporation (NMMC) to issue a revised birth certificate replacing the name of the child's father with his biological father, who is his mother's lover.

The married woman had given birth to a child from her lover before being formally divorced from her husband. The woman had approached the NMMC for a revised certificate rectifying the name of the child's father. The NMMC however refused to replace the name of the woman's husband with her lover, who was her child's biological father. Following which she had approached the high court. In a major blow to the civic body, the Bombay High Court clarified that the NMMC has no right to say that the name of the child's father cannot be changed.

The woman, a resident of Navi Mumbai told in her petition that she got married to her husband in March 2017. But they did not go along well with each other and started living separately from June 2018. She got divorced from her husband in February 2021. While living separately from her husband, she fell in love with another man and gave birth to a baby boy in July 2020, even before she was officially divorced from her husband.