Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act, (I of 1877)--- ----S. 42---Suit for declaration seeking change in date of birth---Change in date of birth only allowed in exceptional circumstances---Respondent, who was a student, filed a suit seeking a declaration that her date of birth in the Intermediate Secondary Education Certificate had been incorrectly recorded as 17-8-1992 whereas her correct date of birth was 17-8-1994---Held, that record contained Family Registration Certificate wherein the names of the respondent's siblings and their date of births were mentioned, Computerized National Identity Cards (CNICs) of the respondent and of her elder brother issued by NADRA, birth registration certificate of respondent's brother issued by the relevant authority and the birth certificate of the respondent issued by the Provincial Government---On all the said documents the date of birth of the respondent was mentioned as 17-8-1994 whereas the date of birth of her elder brother was 30-12-1992---Mother of the respondent produced documents relating to date of birth of the respondent's elder brother, which was mentioned as 30-12-1992---If the respondent's date of birth was taken as 17-08-1992, it was quite unbelievable that her elder brother, who was born on 30-12-1992, would have been born only four months after her birth and yet NADRA's record would reflect that her brother was elder than her---Respondent herself stated before the court that she was not an employee of any government or public institution---Supreme Court observed that it would not have allowed the correction in date of birth had the respondent been in the employment of any public, private or government service and was taking undue advantage of change in her date of birth, which might have prejudiced any right of others; that since no such situation arose in the present case, thus, the date of birth on her birth certificate, CNIC as well as in Family Registration Certificate issued by NADRA which was 17-8-1994 could not be ignored; that to ensure that the record did not reflect that the respondent's elder brother was born four months after her birth and to prevent any future dispute amongst her siblings with regard to…

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