NEHA BINA RAMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioner under Articles 14 and 226 of the Constitution of India as well as under the provisions of Hindu Minority and Guardianship Act, 1908 and Guardians and Wards Act, 1980, on the grounds stated in the petition for the following prayers : -

(2.) HEARD learned Advocate Shri K.B. Paneri for the petitioner and learned AGP Shri Bipin Bhatt for Respondent No.1 and 2.

(3.) THE factual background has stated are that the parents of the petitioner married on 15.01.1979 at Ahmedabad as per the Hindu Religion rites. The mother of the petitioner thereafter married to one Manohar Armaram Tahilramni. Thereafter, as there was dispute between parents of the petitioner and they obtained divorce by filing HMP No. 311 of 1989 before the City Civil Court at Ahmedabad under Section 13(1)(a) of the Hindu Marriage Act and the decree of divorce was passed on 30.04.1998 produced at AnnexureA. The father was given visiting rights qua the petitioner but he did not take care and the petitioner has been brought up by the mother. Therefore, the petitioner is willing to use the name of the mother, who is natural guardian. After attaining the age of maturity, the petitioner decided to use the name of her mother behind her name instead of her father's name. Accordingly, the name of the mother is recorded in various documents like Degree certificate, passport, Driving license etc. Therefore, the petitioner made an application alongwith affidavit to get her mother's name entered in place of her father's name, which is produced at Annexure C. She has applied that her name should be corrected as "NEHA BINA RAMANI" in place of "NEHA MANOHAR TAHILRAMANI". However, the same has been declined as stated in the petition which has led to filing of the present petition.