Gauhati High Court
WP(C)/2461/2026 of BHANU DAS Vs THE STATE OF ASSAM AND 5 ORS on 13 August 2026
GAHC010090022026 2026:GAU-AS:11586 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2461/2026 BHANU DAS W/O- LATE JADU RAM DAS, NISHA COURT, BLOCK B, GROUND FLOOR, NEAR JUMMA MASJID, BISHNU RABHA PATH, P.S- HATIGAON, P-O- BELTOLA, KAMRUP
GAHC010090022026
2026:GAU-AS:11586
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2461/2026
BHANU DAS
W/O- LATE JADU RAM DAS, NISHA COURT, BLOCK B, GROUND FLOOR, NEAR JUMMA MASJID, BISHNU RABHA PATH, P.S- HATIGAON, P-O- BELTOLA, KAMRUP METRO, GUWAHATI, ASSAM, PIN- 781 029.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE
DEPARTMENT, DISPUR, GUWAHATI- 781 006.
2:THE DIRECTOR OF HEALTH SERVICES ASSAM CUM CHIEF REGISTRAR
OF BIRTHS AND DEATHS
HENGRABARI
GUWAHATI
ASSAM.
3:THE JOINT DIRECTOR OF HEALTH SERVICES
HENGRABARI
GUWAHATI
ASSAM
4:THE SUPERINTENDENT
OFFICE OF THE BIRTH AND DEATH REGISTRAR
GMCH
GUWAHATI-781 032.
5:ARABINDA RAJBONGSHI
BYE LANE 2
PACHIM BORAGAON
SURABHI NAGAR
P.S. GORCHUK
DISTRICT-KAMRUP METRO
PIN- 781 011.
6:SRI LABANYA RAJBONGSHI
W/O-SRI ARABINDA RAJBONGSHI
BYELANE 2
PACHIMBORAGAON
SURABHI NAGAR
PS GORCHUK
DISTRICT KAMRUP METRO
PIN 781 011
7:LABANYA RAJBONGSHI
W/O-SRI ARABINDA RAJBONGSHI
BYE LANE 2
PACHIM BORAGAON
SURABHI NAGAR
PS GORCHUK
DISTRICT- KAMRUP METRO
PIN- 781 011
Advocate for the Petitioner : MR. R K TALUKDAR, MS TINLUNG
Advocate for the Respondent : SC, HEALTH, ABHIJIT PATOR(R5,6),G. DAS(R5,6),MR. P
THAKURIA(R5,6),J SHARMA(R5,6)
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 14.08.2026 Heard Mr. R. K. Talukdar, learned counsel appearing for the petitioner. Also heard Mr. D. Upamanyu, learned counsel appearing for the respondent Nos. 1 to 4 as well as Mr. A. Pator, learned counsel appearing for the respondent Nos. 5 and 6.
2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner seeks, inter alia, a direction upon the respondent authorities, particularly the respondent Nos. 1 to 4, for issuance/correction of the death certificate in respect of the deceased husband of the petitioner’s daughter, namely, Lt. Gobinda Rajbongshi, who died on 03.02.2024.
3. The brief facts of the case are that the present writ petition has been instituted by the petitioner, who has been authorized by her daughter, namely, Nabanita Das, to represent her in the present proceedings. It is stated that Nabanita Das is presently residing in Mexico in connection with her service and, owing to her service exigencies, is unable to travel to India immediately. She has, therefore, authorized her mother, the present petitioner, to pursue the present proceedings on her behalf.
4. It is the case of the petitioner that her daughter is the legally wedded wife of the deceased, Lt. Gobinda Rajbongshi, and that she is seeking appropriate correction in the death record/death certificate of the deceased so as to reflect her status as the wife of the deceased. According to the petitioner, the parents of the deceased, i.e. respondent Nos. 5 and 6, allegedly obtained the death certificate by furnishing incorrect information regarding the marital status of the deceased and by describing him as “unmarried”, thereby suppressing the marriage between the deceased and the petitioner’s daughter.
5. It is the specific case of the petitioner that her daughter and the deceased solemnized their marriage on 28.12.2022 under the Special Marriage Act, 1954, before the Marriage Officer, Kamrup (M), Assam. In proof thereof, a Marriage Certificate dated 28.12.2022 was issued by the competent authority.
6. It is further stated that following the death of the deceased, the petitioner’s daughter submitted an application dated 04.12.2024 before the Superintendent, GMC&H, seeking issuance of the death certificate of her deceased husband. As no effective action was taken thereon, another representation dated 18.01.2025 was submitted before the Directorate of Health Services-cum-Chief Registrar of Births and Deaths, Assam, seeking issuance/correction of the death certificate. In the meantime, according to the petitioner, the respondent Nos. 5 and 6, being the parents of the deceased, had obtained a death certificate by allegedly furnishing incorrect information regarding the marital status of the deceased. It is further stated that when the petitioner’s daughter approached the concerned authority, she was informed that a second death certificate could not be issued showing her as the wife of the deceased. Aggrieved thereby, the present writ petition has been instituted.
7. Mr. D. Upamanyu, learned counsel appearing for the respondent Nos. 1 to 4, has produced before this Court a copy of the death certificate issued by the Department of Health & Family Welfare, GMC&H on 14.08.2026.
8. Upon hearing the learned counsel appearing for the parties and upon perusal of the materials available on record, the issue which arises for consideration in the present writ petition is essentially as regards the claim of the petitioner’s daughter that she is the legally wedded wife of the deceased, Lt. Gobinda Rajbongshi, and consequently, whether her name is required to be reflected in the appropriate column of the death certificate/death record relating to the deceased.
9. A perusal of the death certificate produced by the learned counsel for the respondent Nos. 1 to 4 indicates that the name of the wife has not been recorded therein. The date of death of the deceased is shown as 03.02.2024. The petitioner’s daughter, on the other hand, relies upon the Marriage Certificate dated 28.12.2022 issued by the Marriage Officer, Kamrup (M), Assam, purportedly evidencing her marriage with the deceased under the Special Marriage Act, 1954.
10. In the considered opinion of this Court, the controversy raised in the present writ petition, at this stage, is not one relating to issuance of a second death certificate, but essentially concerns the correctness of the particulars relating to the marital status of the deceased as reflected in the death record. Since the petitioner’s daughter claims to be the legally wedded wife of the deceased on the strength of the aforesaid Marriage Certificate, and since the death certificate presently produced before this Court does not contain the name of the wife, the said claim is required to be examined by the competent statutory authority in accordance with law.
11. Accordingly, without expressing any opinion on the rival claims of the parties or on the validity and effect of the documents relied upon by either side, this writ petition is disposed of with a direction to the respondent No. 4, or the competent authority authorised in law, to undertake an appropriate verification of the claim of the petitioner’s daughter, namely, Nabanita Das, regarding her status as the legally wedded wife of the deceased, Lt. Gobinda Rajbongshi.
12. For the purpose of such verification, the competent authority shall afford reasonable opportunity to the petitioner’s daughter as well as the respondent Nos. 5 and 6 to place before it all relevant documents and materials in support of their respective claims. The petitioner’s daughter may participate in the said proceedings either personally, through virtual mode, or through her duly authorized representative, subject to the applicable rules and procedure.
13. Upon completion of such verification and after considering the Marriage Certificate dated 28.12.2022 and such other legally admissible materials as may be produced by the parties, if the competent authority arrives at a conclusion that the petitioner’s daughter is the legally wedded wife of the deceased, necessary correction in the death record/death certificate, including recording her name in the appropriate column relating to the name of the wife, shall be carried out in accordance with law.
14. It is made clear that this Court has not expressed any opinion on the merits of the rival claims of the parties, and the competent authority shall take an independent decision in accordance with law after affording due opportunity to all concerned.
15. The entire exercise shall be completed, as far as practicable, within a period of 1 (one) month from the date of receipt of a certified copy of this order along with a copy of the relevant representation and supporting documents.
16. The writ petition stands disposed of in the above terms.
17. A copy of the death certificate issued by the Department of Health & Family Welfare, GMC&H on 14.08.2026, produced by the learned counsel for the respondent Nos. 1 to 4, is kept on record and marked as “X”.
18. Ordered accordingly. JUDGE Comparing Assistant