SANGEETHA.R Vs. SECRETARY

JUDGEMENT

(1.) An estranged couple are fighting over their daughter's name. Since the birth certificate issued to the petitioner's daughter has no name on it, the mother attempted to register a name for the child. However, the Registrar insisted on the presence of both parents before him to register the name. As the couple could not arrive at a consensus on the issues, the mother of the child has invoked the jurisdiction of this Court under Article 226 of the Constitution of India. Petitioner seeks a direction to accept her application and to issue a birth certificate for her minor child with the name 'Punya Nair' - it being her choice of name.

(2.) Petitioner is the mother and Sri. Balagangadharan Nair - the 4th respondent, is the father of a minor girl. The daughter was born on 12/2/2020. After the birth of the child, the relationship between the parents turned sour. The father allegedly did not bother to take care of the child and her mother. Complaints were filed by the petitioner before the authorities, and even claims for maintenance were raised. Sri.Balagangadharan, on the other hand, sought restitution of conjugal rights and even filed a petition for custody of the child as O.P(G&W) No.84 of 2022 before the Family Court, Muvattupuzha.

(3.) The offspring of the relationship is on the threshold of her educational life. However, the school authorities are insisting on a name for her. Since the birth certificate carries no name on it, the school authorities are refusing to accept such a certificate.