Question :

I am seeking your professional legal advice on the matter of changing a child’s date of birth in Pakistan. The situation involves parents who wish to alter their child’s birth date for certain reasons. I am interested in understanding the legalities surrounding this matter, as well as the procedures that need to be followed in order to effectuate such a change.

Furthermore, I am particularly interested in any legal precedents that exist in Pakistan that allow for the changing of a child’s date of birth, and the implications and consequences of such actions.

Specifically, I would like to know:

1. What are the legal procedures and requirements that need to be followed in order to change a child’s date of birth in Pakistan?
2. Are there any specific legal precedents or cases that support or allow for the changing of a child’s date of birth in Pakistan?
3. What are the legal implications and consequences of changing a child’s date of birth in Pakistan?
4. Once the date of birth is changed, why is it legally difficult or impossible for the applicant to revert back to the original date of birth?

I would greatly appreciate your expert legal opinion and guidance on this matter to ensure that all actions taken are in accordance with the laws of Pakistan.

Thank you for your attention to this matter. I look forward to your prompt response.

Sincerely,

Answer:

  1. Changing the date of birth in Pakistan is a straightforward process if there is a genuine mistake in NADRA records. You can initiate the change by submitting an application and affidavit directly to the NADRA office without requiring a court decree, and this is permitted only once within a reasonable timeframe. To assist you accurately, please send us the Family Registration Certificates (FRC) of all family members, along with their original date of birth and supporting evidence for your claim, via email at ask@paklawyer.com. Regarding your general queries: 1. **Can the date of birth be changed based on circumstances and evidence?** – Yes, the date of birth can be changed depending on the circumstances and evidence available for the record. 2. **Can a minor difference in age be corrected without solid proofs, especially for children?** – A minor difference in age for children can typically be corrected without stringent proof requirements, aligning with their actual age. In response to your specific legal questions: **Q1. What are the legal procedures and requirements to change a child’s date of birth in Pakistan?** – An application can be filed before NADRA for clerical mistakes as a first-time change. Otherwise, a suit under Section 42 of the Specific Relief Act 1877 must be filed against NADRA. The court may consider evidence in favor, and the process may take 3 to 4 months, requiring the petitioner or their attorney and two witnesses to appear before the court for evidence and cross-examination by NADRA’s lawyer. **Q2. Are there specific legal precedents or cases supporting the changing of a child’s date of birth in Pakistan?** – Yes, there are numerous precedents supporting the change of a child’s or even an elder’s date of birth. Detailed citations can be provided upon payment of a consultation fee. **Q3. What are the legal implications and consequences of changing a child’s date of birth in Pakistan?** – If the date of birth changes according to a court decree, there are no consequences, but correction requests must be made in all relevant departments, schools, and official documents. **Q4. Once the date of birth is changed, why is it legally difficult or impossible to revert back to the original date of birth?** – Reverting back becomes legally challenging once a court decree is granted, and failure to file an appeal within the stipulated time renders the change irreversible. Feel free to reach out with any legal concerns; our firm is committed to addressing grievances through lawful means, whether against government departments or private entities.

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