The Madhya Pradesh High Court at Indore has set aside an order that changed the date of birth of a young woman from January 1, 2008, to December 30, 2009, holding that she was not given an opportunity to be heard before the correction was made.
Justice Gajendra Singh delivered the order on September 30, 2026, in a writ petition filed under Article 226 of the Constitution. The Court directed the competent authority to reconsider the application seeking correction of the birth record after providing the woman an effective opportunity of hearing.
Background
The dispute arose after the woman, who had gained public attention during the 2025 Mahakumbh, obtained a birth certificate in June 2025 recording her date of birth as January 1, 2008. According to the record, an application had been submitted by her parents and the competent authority subsequently directed registration of the birth with that date.
After she married the second petitioner on March 11, 2026, her father approached the authorities claiming that she had actually been born at the Community Health Centre, Maheshwar. A hospital record was subsequently relied upon to show a different date of birth, December 30, 2009. The earlier entry was then cancelled and the birth record was corrected.
The petitioners challenged the correction, arguing that the woman had not been given notice or an opportunity to explain her position before an alteration carrying significant legal consequences was made.
The High Court noted that government records, including an Aadhaar record, PAN and an Election Photo Identity Card, had earlier reflected January 1, 2008 as her date of birth. The Court also observed that changing the date to December 30, 2009 would postpone her attainment of majority by nearly two years, affecting several civil rights and legal capacities.
The Court emphasized that the person directly affected by the correction was the woman herself and that merely informing her father could not satisfy the requirement of natural justice.
"In the considered opinion of this Court, when petitioner no.1 is the aggrieved then intimation only to the father does not satisfy the requirement of 'audi alteram partem'."
The Court explained that audi alteram partem means that a person affected by an adverse action should be given an opportunity of hearing. It held that the absence of such an opportunity was significant because the correction had direct civil and legal consequences for the petitioner.
The High Court set aside the March 31, 2026 order of the Chief Municipal Officer, Maheshwar, by which the earlier birth entry was cancelled and the date of birth was corrected to December 30, 2009.
The Court directed the competent authority to reconsider the father's application for correction after providing the petitioner an effective opportunity of hearing in accordance with law.
The writ petition was accordingly disposed of.
Case Details
Case Title: ‘M’ and Others v. The State of Madhya Pradesh and Others
Case Number: Writ Petition No. 18924 of 2026
Judge: Hon’ble Shri Justice Gajendra Singh
Decision Date: September 30, 2026
