SRIVASTSA M. SUBODHA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) First and Third Petitioners being the couple happen to be the adoptive parents of the Second Petitioner girl aged five years, whose name is registered as S MAHATI in the Birth Register as is evidenced by the Birth Certificate dtd. 6/12/2017 (Annexure-A). After the adoption, First Petitioner vide Representation/Affidavit (Annexure-F) dtd. 11/5/2022 requested the Second Respondent herein to describe the Second Petitioner-daughter as MAHATI S. SUBODHA. This was followed by a legal notice dtd. 2/11/2022 (Annexure-G Series) under Sec. 80 of CPC, 1908. The Second Respondent sent a reply to the effect that if the request is made in an appropriate form supported by evidentiary material, the same would be considered in accordance with law. Apparently, this appears to be a bureaucratic pattern.

(2.) Learned counsel appearing for the Petitioners argues that when a citizen gives a representation in the form of Affidavit or a legal notice, the Respondent - authorities have to construe the substance of that in the absence of prescribed form and a decision on merits should be taken in accordance with law and in a time bound way. This having not happened, she submits, her clients have knocked at the doors of Writ Court. Learned counsel banks upon a decision of the Apex Court in Civil appeal Nos. 6325-6326/2015 between MRS. ANKELLA LALITHA vs. SRI KONDA HANUMANTHA RAO & ANOTHER , disposed off on 28/7/2022, in support of her clients' claim for change of name of the Second Petitioner in the Birth Register.

(3.) Learned AGA appearing for the Respondents opposes the Writ Petition contending that the change of name in the Birth Register cannot be effected just for askance; the claimants have to produce necessary material supportive of the change desired and the reasons therefor. The entries made in the Registers of Births and Deaths have sanctity and therefore, cannot be meddled in the absence of a Court order to be obtained at the hands of the jurisdictional civil Court. So contending, he seeks dismissal of the Writ Petition.