SANJAY VADILAL SHAH Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) Having regard to the facts and circumstances of the case and upon perusal of the record, it appears that before learned Single Judge, a writ petition was filed by the petitioner - mother with a prayer to quash and set aside order dated 16.06.2016, passed by District Education Officer and direct respondent No.1 to continue name of her minor daughter as "Hrudi Riddhi Desai"

(2.) In the above order dated 16.06.2016, District Education Officer ordered to correct the name of the daughter of petitioner from "Desai Hrudi Riddhi" to "Hrudi Sanjaybhai Shah". Learned Single Judge adverted to certain matrimonial disputes and proceedings initiated before learned Principal Senior Civil Judge, Navsari, in Hindu Marriage Petition No.38/2008 for divorce by consent under Section 13(1)(b) of the Hindu Marriage Act, 1955, which as granted on 22.10.2008. The Court further ordered that till minor Hrudi attains the age of majority, she will reside with mother and so was accepted by the father subject to his visitation rights.

(3.) However, it appears that Miscellaneous (Guardian) Application No.9/2009 was filed before learned Principal Judge, Family Court, Surat, by respondent - husband seeking custody of minor daughter and after hearing the parties, the learned Judge, Family Court, rejected the application on 23.01.2013. Later on, respondent No.2 gave an application to the school authorities for changing the name of his daughter on which the order came to be passed by the District Education Officer giving rise to filing of the writ petition.