IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS

AT MARGAO-GOA.
(Before: Smt. Vijayalaxmi R. Shivolkar, Judicial Magistrate First
Class, Margao.)

Criminal Misc. Appln No. 966/2015/III

Mrs. Betty Lovy Dias,
alias Lovey Betty Rebello,
daughter of Felix Dias,
aged 61 years, occupation: Housewife,
resident of Independent Apts.,
Near Perpectual Soccor Convent,
Dongorim, Navelim, Salcete, Goa. … Applicant

V/s

Passport Authority
EDC Complex, Patto Plaza,
Panajim, Goa. … Respondent

Applicant is represented by learned Advocate A. Amonkar.

O R D E R

(Delivered on this 18th day of the month of February, of the year

2016).

This Order shall dispose of the application filed by the

applicant under Registration of Births and Deaths Act 1969 read
with Section 5(2) of the Passport Act 1967 with Section 21 of
General Clauses Act 1897.
 2 Cri. Misc. Appln. No.966/15/III

2. The applicant herein has submitted that she is the

holder of passport bearing No.J2000035 issued by Republic of
India on 23/03/2010 and valid till 22/03/2020. She further states
that her place of birth on the passport is mentioned as “MUMBAY”
instead of “MARGAO”.

3. The applicant further states that her correct place of

birth is “MARGAO” as per the applicant’s birth certificate as such
the same place of birth had to be corrected from “MUMBAY” to
“MARGAO” and the correct place of birth can be proved based on
the applicant’s Birth certificate and the error in regard the place of
birth can be proved. The applicant states that at the time of filling
the passport form the applicant did not have the Birth Certificate
as such, erroneously the applicant had mentioned wrong place of
birth as “MUMBAY” instead of “MARGAO”. The applicant therefore
prayed that necessary orders be passed directing the passport
authorities to do the necessary change in her passport as prayed
for.

4. Perused the application.

5. Heard arguments advanced by learned Advocate A.

Amonkar.

6. The applicant in support of her application has placed

on record the documents such as true copy of the passport and
original copy of the Birth Certificate.

7. In the case of Elizabeth Mathews V/s Union of

India giving directions that the petitioner before that Court may
file an affidavit along with relevant documents before the Judicial
Magistrate First Class praying that an order may be passed to
correct the date of birth. The Magistrate may conduct such other
inquiries as he deems fit and pass relevant orders regarding
correction of date of birth in the Passport. Further, paragraph 5 of
the Passport Manual 2010 makes provision in regard to the
request of change in date of birth.
 3 Cri. Misc. Appln. No.966/15/III

8. Therefore, considering the facts and circumstances,

the judgment above and also considering the provisions of the
Passport Manual 2010 which is prepared and circulated by the
Ministry of External Affairs, Government of India.

9. The application filed by the applicant to correct the place of

birth from “MUMBAY” to “MARGAO” on the passport as per the
original birth certificate is allowed.

(Vijayalaxmi R. Shivolkar )
Judicial Magistrate, First Class(III)
Margao.
*fdc/-