ABEYESUNDERE, J-—Karonchihamy v. Registrar of Births
1964 Present: Abeyesundere, J., and G. P. A. Silva, J.H. KARONCHIHAMY, Appellant, and REGISTRAR OFBIRTHS and 2 others, Respondents
S. O. 8311963—D. O. Colombo, 3881jX
Births ant Deaths Registration Or linonce—Registration of birth of illegitimate child—O nisiioa to stUe optical *>•? relating to the father—Subsequent rectification ofbirths register—Permissibility.
The father of an illcgitLmifce child who was not at home to be the informantof the birth of the child, when the birth was registered is entitled, in a subsequentaoolication made by the mother under the Births and Deaths RegistrationOrdinance, to have the particulars relating to the paternity of the child enteredin the births register. Tae fast that the father has legitimate children alsocannot operate as a bar to such rectification.
^jPPEAL from an order of the District Court, Colombo.
N.Balakrishnan, for petitioner-appellant.
Q.P. S. de Silva, Crown Counsel, for respondents.
February 3, 1964. Abeyesundere, J.—
The petitioner in this ease is the mother of Ananda Munidasa whosebirth has been registered in the births register maintained by the Registrarof Births and Deaths of the Wellawatte Division in the Colombo District.According to the birth certificate in respect of Ananda Munidasa, he wasbom on 14th July, 1942, at premises No. 40/55, 67th Lane, HavelockRoad, Wellawatte South, his mother is Hewadalugodage Karonchi Hamy,
ABEYESTJNDERE, J.—Karonchihomy v. Registrar of Births
who is the same as the petitioner in this case, his parents are unmarried,the informant of his birth is Gajaweera Aratchige Alice Nona who was aninmate of the premises at which he was bom, and the particulars relatingto his father are not entered.
An application under the Births and Deaths Registration Ordinancewas made by the petitioner to the District Court of Colombo for an orderto cause the particulars relating to the father of Ananda Munidasa to beentered in the births register. An inquby was held by the learnedDistrict Judge into tho application and the parents of Ananda Munidasagave evidence at the inquiry. The learned District Judge refused theapplication and stated in his order that if tho application were allowedthe proprietary rights of the legal children of the person alleged to be thefather of Ananda Munidasa would be affected and that there was nothingto indicate that the putative father of Ananda Munidasa acknowledgedthat he was the father at the time of the birth of Ananda Munidasa.
Tho petitioner has stated in her evidence that she is the mother andthat Sandradura Deesin de Silva, who is the 3rd respondent in this case,is the father of Ananda Munidasa. Sandradura Deesin de Silva hasadmitted in his evidence that he is the father of Ananda Munidasa andhas stated that he is married to another lady who is still alive, that he isnot married to the petitioner, that he was not at home to give theRegistrar of Births the information of the birth of Ananda Munidasa, andthat he has ro objection to the application of tho petitioner being allowed.As it is stated in the registration of the birth of Ananda Munidasa that hisparents are unmarried, there appears to be no reason why the proprietaryrights of the legitimate children of Sandradura Deesin de Silva should beaffected if the application of the petitioner is allowed. SandraduraDeesin de Silva has stated in his evidence that he was not at home to bethe informant of the birth of Ananda Munidasa. He has therefore givena reasonable explanation of his failure to inform the Registrar of Birthsthat he was the father of Ananda Munidasa. As both the petitionerand Sandradura Deesin de Silva have acknowledged in the District Courtthat they are the parents of Ananda Munidasa, I think the petitioner’sapplication should have been allowed by the learned District Judge.
I set aside the order made by the learned District Judge and I orderthat in the registration of the birth of Ananda Munidasa there shall beentered in cage 4 “ Sandradura Deesin de Silva ” as the name andsurname of father and there shall be entered in cage 6 “ GovernmentClerk, Sinhalese ” as the rank or profession and race of father.
G. P. A. Silva, J.—I agree.
Order set aside.
H. KARONCHIHAMY, Appellant, and REGISTRAR OF BIRTHS and 2 others, Respondents