Case Summary
This suit is filed by the plaintiffs, a married couple, for a declaration regarding the correction of their son's Birth Certificate. The first defendant is the former husband of the first plaintiff, and the plaintiffs seek to establish the biological paternity of their son.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of mandatory injunction directing the second defendant to issue a corrected birth certificate.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, declaring that the second plaintiff is the biological father of the minor son Nihaal Ahammed. The court ordered the correction of the Birth Certificate accordingly.
Why Plaintiff Won:
The biological father of Nihaal Ahammed is established to be the second plaintiff.
The biological father of Nihaal Ahammed is established to be the second plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On going through the plaint averments and the consent statement filed by the 1st defendant it can be seen that the biological father of Nihaal Ahammed is the 2nd plaintiff. The plaintiffs’ case stands unchallenged and it is proved by the admission in the written statement.
Judgment Evidence:
Hence, the suit decreed as prayed for. It is hereby declared that the 2nd plaintiff is the biological father of the minor son Nihaal Ahammed who is born to Jaysa.K, the 1st plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jaysa.K
- Party Age
- 37
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Shibu.B
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaheer.I.
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Registrar of Births & Deaths
Plaintiffs Documents
A1 07-09-2012 Birth Certificate issued from Kollam Corporation, A2 16-01-2020 Copy of Marriage Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Borris Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benoy Bal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
A decree of mandatory injunction directing the 2nd defendant to issue a corrected birth certificate.
Evidence:
A decree of mandatory injunction is passed directing the 2nd defendant to issue a birth certificate to the plaintiffs after correcting entries as mentioned above.
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the 2nd plaintiff is the biological father of the minor son Nihaal Ahammed.
Evidence:
It is hereby declared that the 2nd plaintiff is the biological father of the minor son Nihaal Ahammed who is born to Jaysa.K.
Documents & Evidence
Document Type:
Birth Certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the father of the minor son Nihaal Ahammed and was used to prove the plaintiffs' case.
Reference:
Ext.A1
Document Type:
Marriage Certificate
Submitted By:
Plaintiff
Relevance:
This document confirms the legal marriage of the plaintiffs.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Jaysa.K vs Shaheer.I regarding Declaration.
Case Code Year
Case between Jaysa.K vs Shaheer.I regarding Declaration.