REGISTRAR BIRTH DEATH DEPARTMENT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has challenged the judgment and order dated 18.3.2013, passed by the learned Single Judge in Special Civil Application No. 1017 of 2013, whereby, the learned Single Judge has allowed the petition and has directed that the name of the son of the petitioner be reflected as 'Om Hina Trivedi" instead of "Om Nareshbhai Jani'. Since in this appeal the interim relief in terms of Para-5(B) was granted.

(2.) The brief facts as narrated in the petition are that respondent No.2-original petitioner got married on 9.12.1998 at Gandhinagar with Nareshkumar Jayantilal Jani, but due to constant fights and irreconcilable differences, respondent No.2 and her husband lived separately after few months of marriage and the respondent No.2 has lived at her parent's place in Ahmedabad since then and out of the wedlock a son named Om was born on 22.11.1999 and the name of the respondent No2's son has been mentioned as Om Hina Trivedi in school records and on 2.12.2011, Nareshkumar Jayantilal Jani passed away at Chotila, Umiyanagar. Thereafter, on 9.8.2012, respondent No.2 applied to the appellant for change of name of child to 'Om Hina Trivedi', which was rejected on 30.8.2012. Against the said action, the present respondent No.2-original petitioner approached this Court by way of filing petition being S.C.A. No.1017 of 2013. The learned Single Judge vide impugned order dated 18.3.2013 allowed the said petition. Hence, this appeal.

(3.) The findings recorded by the learned Single Judge in paragraph Nos.7, 8 and 9 reads as under: