Gauhati High Court
WP(C)/3332/2026 of SMT. BULBULI BAWRI Vs SUMI BAWRI AND ORS on 13 October 2026
GAHC010128312026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3332/2026 SMT. BULBULI BAWRI W/O - LATE ANIRUDHA BAWRI. R/O- KHARGULI NEAR UNNAYAN SAMTI LANDMARK- TESCO MART, P.S.- LATASIL, P.O.- KHARGULI, DISTRICT- KAMRUP METRO,
GAHC010128312026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3332/2026
SMT. BULBULI BAWRI
W/O - LATE ANIRUDHA BAWRI.
R/O- KHARGULI NEAR UNNAYAN SAMTI LANDMARK- TESCO MART, P.S.- LATASIL, P.O.- KHARGULI, DISTRICT- KAMRUP METRO, GUWAHATI -
781004.
VERSUS
SUMI BAWRI AND ORS
NEAR RAM SARASWATI HIGH SCHOOL,
CHAMATIA, PARA, DEOMORNOI, P.S - SIPAJHAR POLICE STATION P.O - DEOMORNOI, DIST - DARRANG, ASSAM - 784147
2:THE GAUHATI MEDICAL COLLEGE HOSPITAL (GMCH)
REPRESENTED BY THE SUPERINTENDENT
GMCH
GUWAHATI-781032
ASSAM.
3:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY.
MEDICAL EDUCATION AND RESEARCH DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-781006.
4:THE MANAGER
BHERGAON TEA ESTATE.
KHOIRABARI
BHERGAON CHARIALI
UDALGURI
ASSAM-78452
For the Petitioner (s) : Mr. C. Sarmah, Advocate For the Respondent(s) : Mr. B. Gogoi, SC, Health
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
14.10.2026
The grievance of the Petitioner in the present writ petition is that the Petitioner is the wife of Late Anirudha Bawri. However, along with the Petitioner, the name of the private Respondent No.1 has been inserted as the wife of Late Anirudha Bawri.
2. It is the case of the Petitioner that an application was filed before the Superintendent, Gauhati Medical College and Hospital on 08.04.2025 and no steps in that regard were taken, and under such circumstances, the Petitioner has approached this Court by filing the present writ petition.
3. This Court takes note of that Section 15 of the Registration of Births and Deaths Act, 1969 (for short, ‘the Act of 1969’) empowers the Registrar of Births and Deaths to make enquiry and carry out necessary correction to the death certificate. Consequently, as a duty which has been conferred under Section
15 of the Act of 1969 has not been carried out, this Court issues a mandamus directing the Registrar of Births and Deaths, Gauhati Medical College Hospital (GMCH) Guwahati, Kamrup (Metro), Assam to make necessary enquiries as permitted under Section 15 of the Act of 1969 read with the Rules framed therein under and issue a fresh death certificate of Late Anirudha Bawri.
4. This direction is so passed taking into account that as Late Anirudha Bawri was a Hindu and the Petitioner and the Respondent No.1 are also practicing the Hindu religion, they come within the ambit of the Hindu Marriage Act, 1955 as well as the Hindu Succession Act, 1956, and as such, there can be no two spouses who can be recognized.
5. The said exercise be carried out within a period of three months from the date a certified copy is served upon the Registrar of Births and Deaths, Gauhati Medical College Hospital (GMCH), Guwahati, Kamrup (Metro), Assam.
JUDGE Comparing Assistant