IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI *THE HONOURABLE SRI JUSTICE HARINATH.N + WRIT PETITION NO: 28287/2024 %14.10.2025 # Between Swapna Michael Bandela, W/o.late Dr.Kasukurthy Maruthi Vara Prasad Babu, aged 47 years, D.No.9-6- 2/5, Shirdisai Nagar, Alcot Gardens, Rajamahendravaram, East Godavari District …Petitioner and 1. The State of A.P., Rep.by it’s Prl.Secretary, Directorate of Municipal Admdinistration, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Ongole Municipal Corporation, ONgone, rep.by its Municipal Commissioner, 3. The Municipal Health Officer, Ongole Municipal Corporation, Ongole. 4. The Register, Births and Deaths Department Ongole Municipal Corporation, Ongonle. 5. Kankipati Rani, D/o.Kankipati Venkateswara Rao, C/o.M.Pradeep, age 40 years, D.No.16-42-11, NGO’s Colony, Tanuku, West Godavari – 534211. …Respondents ! Counsel for the petitioner : Sri. V S R S. Naidu ^ Counsel for Respondents : Learned Government Pleader for Respondents 1 to 4 < Gist : > Head Note : ? Cases referred : WP.No.28287 of 2024 1. 2025 LawSuit (MP) 61 2. 2025 LawSuit (MP) 57 This Court made the following: WP.No.28287 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI *THE HONOURABLE SRI JUSTICE HARINATH.N + WRIT PETITION NO: 28287/2024 %14.10.2025 # Between Swapna Michael Bandela, W/o.late Dr.Kasukurthy Maruthi Vara Prasad Babu, aged 47 years, D.No.9-6- 2/5, Shirdisai Nagar, Alcot Gardens, Rajamahendravaram, East Godavari District …Petitioner and 1. The State of A.P., Rep.by it’s Prl.Secretary, Directorate of Municipal Admdinistration, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Ongole Municipal Corporation, Ongone, rep.by its Municipal Commissioner, 3. The Municipal Health Officer, Ongole Municipal Corporation, Ongole. 4. The Register, Births and Deaths Department Ongole Municipal Corporation, Ongonle. 5. Kankipati Rani, D/o.Kankipati Venkateswara Rao, C/o.M.Pradeep, age 40 years, D.No.16-42-11, NGO’s Colony, Tanuku, West Godavari – 534211. …Respondents DATE OF ORDER PRONOUNCED: 14.10.2025 WP.No.28287 of 2024 SUBMITTED FOR APPROVAL: HON’BLE SRI JUSTICE HARINATH.N 1. Whether Reporters of Local newspapers may be allowed to see the Judgments? Yes/No 2. Whether the copies of order may be marked to Law Reporters/Journals? Yes/No 3. Whether Your Lordships wish to see the fair copy of the order? Yes/No ___________________ JUSTICE HARINATH.N WP.No.28287 of 2024 APHC010541222024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28287/2024 Between: Swapna Michael Bandela ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V S R S NAIDU Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: WP.No.28287 of 2024 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.28287 of 2024 ORDER : 1. The petitioner is aggrieved by the impugned proceedings ROC. No.2687/2023/E2, dated 04.07.2023 issued by the 3rd respondent from the office of the 2nd respondent. 2. The learned counsel appearing for the petitioner submits that the petitioner was married to Dr.Kasukurthy Maruthi Vara Prasad Babu on 05.08.2009 at Hotel Anand Regency, Rajamahendravaram. It is submitted that the marriage was performed as per the Christian Rituals. It is submitted that the petitioner and her husband lived at Dawaleswaram for some time and subsequently set up family at Palakollu. 3. It is submitted that the 5th respondent entered into the marital life of the petitioner and her husband and the husband of the petitioner eloped with the 5th respondent. It is submitted that the father of the 5th respondent lodged a complaint against the husband of the petitioner which was registered as Crime No.39 of 2013 at Poduru Police Station and after filing of charge sheet, the same was taken on file as SC.No.275 of 2014. 4. It is also submitted that on account of the marital disputes between the petitioner and her husband due to the involvement WP.No.28287 of 2024 of 5th respondent, the petitioner filed a complaint under Section 498-A, 494 and 506 of IPC and Section 3 and 4 of DP Act which was investigated and a charge sheet was filed. The Court has taken the charge sheet into cognizance as CC.No.62 of 2015 on the file of V Additional Judicial First Class Magistrate, Rajahmundry. 5. The petitioner’s husband filed divorce petition DOP.No.553 of 2017 on the file of Principal District Judge, East Godavari at Rajahmundry for dissolution of the marriage. The petitioner’s husband admitted the marriage relationship. The petitioner herein raised the issue of the illegal intimacy between the petitioner and the 5th respondent, for which there was no denial nor did the petitioner’s husband file any explanation. The divorce petition was dismissed for non-prosecution on 24.12.2021. The petitioner’s husband passed away on 31.03.2023 and the pending cases were disposed as abated. 6. It is submitted that the petitioner is the class-I legal heir of her husband, however, the 5th respondent appears to have got her name reflected in the death certificate as his wife. The death certificate dated 21.04.2023 was issued by the 4th respondent. The petitioner submitted representations dated 28.04.2023, 22.05.2023 and 26.06.2023 seeking rectification of the death WP.No.28287 of 2024 certificate by duly incorporating the name of the petitioner as wife of late Dr.Kasukurthy Murthy Vara Prasad Babu. It is submitted that the 3rd respondent issued the impugned proceedings duly informing the petitioner and the 5th respondent to approach the competent Court and prove their status. It was also intimated that the necessary corrections in the column of spouse name in the death certificate would be considered after receiving orders from the Court. 7. It is submitted that the petitioner is presently working as Assistant Professor at Government Medical College at Rajamahendravaram and that the petitioner has to submit the death certificate of her husband for making necessary entries in the service register. It is also submitted that the 5th respondent has taken an undue advantage by getting her name incorporated as wife of the deceased husband of the petitioner and also withdrew the insurance amount of Rs.3,00,00,000/- from ICICI Life Insurance. 8. Notice was sent to the 5th respondent, which was served on the 5th respondent on 24.04.2025. However, the 5th respondent has not appeared before this Court. 9. The learned Standing Counsel on oral instructions submits that after receipt of information from the authorized person of KIMS WP.No.28287 of 2024 Hospital, Ongole and the hospital records reflected the name of 5th respondent as his wife and as such, the 5th respondent’s name was incorporated in the death certificate as the wife of the deceased. 10. It is also submitted that the dispute between the petitioner and the 5th respondent would have to be decided by an appropriate Court and that soon after receipt of the representations of the petitioner, the death certificate has been kept abeyance. It is also submitted that the concerned respondent shall affect the requisite corrections in the death certificate after receipt of appropriate orders from the competent Court. 11. Heard the learned counsel for the petitioner and the learned standing counsel. Perused the material on record. 12. It is not in dispute that the marriage of the petitioner with her husband was not dissolved by any Court of law as on the date of demise of the petitioner’s husband. The divorce OP filed by the husband of the petitioner was dismissed as non-prosecution. Thus, the marriage could not been dissolved by any other method. 13. The learned counsel for the petitioner places reliance on Shaila Raje Pawar Alias Shaila Devi Vs. Registrar Birth and Death WP.No.28287 of 2024 Registration1, the High Court of Madhya Pradesh (Indore Bench) dealt with the similar issue where the name of the wife in the death certificate was sought to be corrected when the name of the third party was forwarded along with the due intimation of death of a person from the hospital to the Municipal Corporation. On receipt of such information the Municipal Corporation duly recorded the name of the third party as the wife of the deceased person purely basing on the information received from the hospital. The High Court has allowed the writ petition. The learned counsel for the petitioner also places reliance on Kiran Singh Vs. Registrar Birth and Death Certificate Department and others2, the High Court of Madhya Pradesh (Indore Bench) (D.B.), the Hon’ble Division Bench directed the Registrar correct the entry in the register and issue a fresh certificate. 14. On the facts of the present case, the 3rd respondent has duly considered the information of death received from KIMS Hospital, Ongole and has incorporated the name of the 5th respondent as the wife of the deceased. Admittedly, the petitioner and her husband were contesting cases and were obviously not living under one roof. 1 2025 LawSuit (MP) 61 2 2025 LawSuit (MP) 57 WP.No.28287 of 2024 15. Live in relationship if any between the deceased husband of the petitioner and the 5th respondent could not have conferred the status of wife of the deceased person to the 5th respondent. The order dated 24.12.2021 passed by Principal District Judge, East Godavari, Rajamahendravaram in DOP.No.553 of 2017 dismissing the DOP makes it amply clear that the marriage relationship between the petitioner and her husband existed and subsisted till the date of demise of the petitioner’s husband on 31.03.2023. 16. The petitioner need not be directed to approach the competent civil Court and obtain a legal heir certificate from the Court and as there is no necessity for the petitioner to prove a negative with regard to no marital relationship between the petitioner’s husband and the 5th respondent. 17. The 3rd respondent ought to have duly considered the document(s) submitted by the petitioner and when an error was pointed out in the death certificate of deceased person. The name of the 5th respondent could not have been recorded as the wife of the deceased, the respondents 2 and 3 ought to have made the necessary corrections and issued a rectified death certificate duly reflecting the name of the petitioner as the wife of the deceased person Dr.Kasukurthy Maruthi Vara Prasad Babu. WP.No.28287 of 2024 On the facts of this case, the impugned proceedings ROC.No.2687/2023/E2, dated 04.07.2023 deserve to be set aside. 18. Accordingly, the writ petition is allowed, directing the respondents 2 to 4 to rectify the error in the death certificate dated 21.04.2023 and reissue the death certificate duly reflecting the name of the petitioner as the wife of the deceased Dr.Kasukurthy Maruthi Vara Prasad Babu within a period of 12 weeks from the date of receipt of this order. 19. Accordingly the writ petition is allowed without costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 14.10.2025 KGM WP.No.28287 of 2024 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.28287 OF 2024 Date 14.10.2025 KGM