How To Change date Of Birth in NADRA CNIC?
Change date of birth:
While issuing NADRA CNIC, if they have entered wrong date
of birth. Then you definitely need to change date of birth in CNIC. It’s your
fundamental right. Because if you didn’t change date of birth in NADRA CNIC, it
will cause many problems. Like while getting job in foreign, future study etc.
But most people don’t know about how to correct date of
birth or change date of birth in CNIC/ Birth certificate.
That’s why we have decided to write a post on it. Here we
will explain the procedure of how to change date of birth. The format of suit
for correction of date of birth is also given here.
This post also covers matters relating to NADRA name
change procedure. Because procedure which is followed in these circumstances is
same.
Note: If your date of Birth on CNIC or on any educational
degrees is wrong then contact us or leave a comment for help.
Problem:
Most of the time when you apply for NADRA CNIC, they
inadvertently mention wrong date of birth. For Example, if someone born in 22th
of August 1995 but NADRA entered 22th August 1998. That where problem arises.
Another scenario is where you father’s name is wrongly entered.
Anyhow each time when this problem arises you have to
approach civil court and get declaration decree.
But which documents are required to change date of birth
in CNIC. These are mentioned below
Documents Required To Change Date of Birth Or To Change
Father Name In CNIC
While filing suit to correct date of birth in NADRA CNIC
you must have following documents in your possession.
Birth Certificate of NADRA
Matriculation Degree
CNIC
Father’s CNIC (in case father name change needed)
Union council birth registration certificate (if require
you must have it as well)
Time Limitation To File Suit To Change Date of Birth
NADRA name change procedure falls under category of
declaratory suits. For these type of suit section 42 of specific relief act
1877. The limitation of Section 42 is 6 years under article 120 of limitation
act 1908.
2015 MLD 1481 also held that to change date of birth, the
plaintiff has 6 years to commence legal proceeding in court.
Wrong Procedure of NADRA While Changing Date of Birth
When someone reaches NADRA office to change date of
birth. They usually told them that bring an affidavit (notarized attested). In
that affidavit that person swore that his original date of birth in birth
certificate is wrongly entered.
But rest assure that’s a wrong procedure to change date
of Birth in ID card. Even if you submit affidavit they will refuse to correct
date of birth and will tell you to get court declaration decree.
That’s why don’t waste your time and file a suit to
correct date of birth in CNIC NADRA.
But what’s the right procedure.
Right Procedure To Change Date of Birth in NADRA ID Card
The right procedure is that you need to file a plaint in
civil court. This plaint contains all the fact that you were born on that date.
The date in union council birth certificate is that. The date of birth in NADRA
b.form is that. The date of birth in matriculation degree is that.
You have to attach above document in order to strengthen
your claim.
The procedure is still same, if you want to change
father’s name in NADRA CNIC.
When you will submit your case in court, they will issue summons
to NADRA authority to appear on next date and submit their written statement.
On next date when counsel from NADRA appears before court
and submit reply. The court will again give you next date on which NADRA
counsel will examine and cross examined the plaintiff.
At the time of cross examination you must have all your
documents with you.
When cross examined is over the court will pronounce its
judgment. The court will also give direction to the NADRA authority to change
date of birth of plaintiff.
That how you get you remedy in short time. This whole
procedure takes up to 3 or 4 months.
Case Law on Correction of Date of Birth
Here it’s important to mention at least two case laws.
These cases are very important and serve as a guideline for NADRA.
[2016 Y L R 323] Correction of date of birth in CNIC by
NADRA
Scope-Contention of plaintiff was that he was born on
22nd May, 1993 but his date of birth had been recorded as 22nd May, 1990.
Suit was dismissed concurrently.
Validity plaintiff produced documents bearing his date of
birth as 22-05-1993 which could not be refuted by the authorities. No reason
existed to believe that the date of birth mentioned in the documents produced
by the plaintiff, was managed one.
Plaintiff was neither claiming any right in service nor
having any other interest in seeking correction of date of birth in his CNIC.
Correction of date of birth of the plaintiff would not
adversely affect any right of any other person. No provision existed to
prohibit NADRA from rectifying any mistake in the CNIC.
Every citizen was required to be registered with the
NADRA. Issuance of CNIC would mean that information contained therein was valid
and correct. Therefore, by not correcting an error on the CNIC, NADRA in fact
was not performing its primary function.
NADRA was bound to maintain a correct database and to
print the correct information on the CNIC. Impugned judgments and decrees
passed by the courts below were set aside and NADRA was directed to rectify the
mistake as to change date of birth of plaintiff appearing on his CNIC from
22-05-1990 to 22-05-1993.
Revision was accepted, in circumstances.
Another important judgement of Lahore High Court is on
the point that NADRA can change date of birth in CNIC even without court order.
[2012 PLD 378] For correction of Name in NADRA
Records/CNIC without getting COURT ORDER
Ss. 9 & 5(3)—National Database and Registration
Authority (NIC) Rules 2002, R.13—Constitution of Pakistan, Art.
199—Constitutional petition—correction on National Identity Card issued by
NADRA—
Petitioner had sought correction on his national identity
card on the ground that the name of his father had been in correctly entered.
NADRA (respondent) refused to make the necessary correction on the ground that
for a change in the father’s name; a court order was necessary.
NADRA, to support such contention, relied on its
Registration Policy and Standard Operating Procedures (SOPs).
Validity-Error was clearly a typographic mistake.
National database was required to be maintained by NADRA, and every citizen was
required to be registered and to effectuate such registration. Every citizen
was issued a national identity card.
National Identity Card (CNIC) was a legal document for
the identification of a citizen, and its issuance meant that the in formation
contained therein was valid and correct.
NADRA, by not correcting an error in its database or on
the CNIC , was, in fact, going against the spirit of the Ordinance, and was not
performing its primary function and was perpetuating a wrong in its own
database, thereby negating the purpose of the national identity card.
NADRA, was bound to maintain a correct database and was
bound to print correct in formation on the CNIC and was obligated to correct
any error in its database or the CNIC it issued to a citizen.
Standard Operating Procedures (SOPs) and Registration
Policy were internal instructions to enable NADRA to achieve optimum level of
efficiency and to ensure consistency and infirmity in its procedure and
process.
Standard Operating Procedures (SOPs) did not have the
force of law and were not binding on the NADRA. Standard Operating Procedures
were internal documents, at best, and could not form the basis of denying the
petitioner the right to have the correct in formation maintained in the citizen
database and printed on the CNIC.
Standard Operating Procedures could not form the basis
for NADRA to refuse to change date of birth an error in its record because if
the error was not corrected, it would negate the very purpose of issuing a CNIC
to a citizen.
Delay in filing an application for correction of an
office mistake could not hamper or prevent the process of actually correcting
the NADRA database, or the CNIC.
High Court directed NADRA to treat the pending request of
the petitioner as a correction of an office mistake and to correct father’s
name in CNIC database and issue him a new CNIC.
Constitutional petition was allowed, accordingly.
Format of Suit to Change Date of Birth in ID Cards
The sample of suit to correct date of birth is provided here.
You can use this draft of suit to change date of birth while making necessary
changes. If you are aggrieved and want to change NADRA CNIC name then contact
us for legal help.
IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI
In the matter of:Abbas khan Sangeen Advocate son
of—-Presently resident of H. No. __, _____ Colony, Rawalpindi.
…Plaintiff
Versus
NADRA, Saddar Branch, Rawalpindi through its Manager/
Incharge.
…Defendant
SUIT FOR DECLARATION TO CHANGE DATE OF BIRTH IN NADRA
CNIC
Respectfully Sheweth,
That the plaintiff was born on 08-08-1982 and later on
the plaintiff passed his Primary Examination at Bhalwal School, Sargodha in the
year of 2005.
That the plaintiff applied for the National Identity Card
from NADRA office but inadvertently the date of birth of the plaintiff was
mentioned as 16-10-1987 instead of 08-08-1982.
That the plaintiff contacted the defendant for the
necessary correction in his NIC Card. The defendant earlier asked for
submission of duly attested Affidavit from the plaintiff, which was provided
accordingly but the defendant refused to take the application of plaintiff on
the plea that the plaintiff first should obtain the declaration from the
competent court of law.
That despite all efforts the defendant is not ready to
correct the date of birth of the plaintiff on his ID Card, hence this case.
That cause of action finally accrued a few days ago when
the defendant refused to entertain the application of the plaintiff which is
still continuing.
That the office of the NADRA, Rawalpindi is within the
territorial limits of this Honourable Court and the plaintiff is temporarily
resident at Rawalpindi, so this Honourable Court got the jurisdiction to
entertain the matter in hand.
That the value of the suit for the purpose of
jurisdiction is fixed as Rupees 2000/-, which is exempted from court fee.
In view of above, it is therefore, most humbly prayed
that the suit of the plaintiff may kindly be decreed in favour of the plaintiff
and the defendant may kindly be directed to change Date of Birth of the
plaintiff as 08-08-1982 instead of 16-10-1987 and after the necessary changing
the new I.D Card of the plaintiff may kindly be issued, in the interest of
justice.
Any other relief, which this Honourable Court deems fit
and proper may also be granted to the plaintiff.
Plaintiff
Through
Advocate High Court
Verification:-
Verified on Oath at Rawalpindi on this _____Day of July
2018, the contents of the para 1 to 5 of the suit the suit are true and correct
to the best of my knowledge and rest of the paras are believed to be true and
correct as per information received.
Plaintiff:
IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.
In the matter of:
MNUR son of HUR, Presently resident of H. No. __, _____
Colony, Rawalpindi.
…Plaintiff
Versus
NADRA, Saddar Branch, Rawalpindi through its Manager/
Incharge.
…Defendant
SUIT FOR DECLARATION TO CHANGE DATE OF BIRTH IN NADRA CNIC
Affidavit.
That I,Abbas khan Sangeen Advocate son of ——Presently
resident of H. No. ____, _____ Colony, Rawalpindi.
DO HEREBY SOLEMNLY DECLARE AS UNDER
That the contents of the suit are true and correct to the
best of my knowledge and belief and nothing has been concealed therein.
Deponent.
Verified on Oath at Rawalpindi On this Day of July 2018. That the above deposition is true and correct to the best of my Knowledge and belief. Deponent
Qurise:
- how to change date of birth on cnic (in pakistan)
- nadra date of birth correction fee
- how to change date of birth on id card
- how to change date of birth in all documents
- cnic date of birth check
- how to change date of birth in union council
- date of birth change form
- date of birth kam karne ka tarika