Karnataka HC allows mother to rename minor girl, remove absent partner’s name from birth certificate

Court rules that adding the mother’s name and family name in the child’s birth certificate is legal, justified, and in the best interest of the child, without affecting the father’s legal rights.

The Karnataka High Court has directed the Chief Registrar of Births and Deaths, Bengaluru, to modify the name of a minor girl in her birth certificate, following a request made by her mother. The court permitted the removal of the name of the woman’s abandoned live-in partner and allowed the inclusion of the mother’s name and her family name in the official records.

Justice Suraj Govindaraj passed the order on February 17 while allowing a petition filed by the minor daughter, represented through her mother. The case involved an eight-year-old girl whose birth certificate, issued on March 4, 2017, carried the name of her biological father, a live-in partner who later left the family and refused to take responsibility for the child.

Also Read:PUC & SSLC exams from Feb 28: Karnataka Police on high alert to prevent paper leak and malpractice

The court observed that the proposed correction is limited to the child’s name and identity and does not affect any substantive legal rights. It clarified that retaining the father’s name in the birth certificate ensures that the biological and legal relationship between the child and her father remains intact. The child’s rights related to inheritance, succession, and maintenance also remain fully protected.

The High Court held that the insertion of the mother’s family name reflects the real family environment in which the child is being raised. It further stated that the mother, being the sole custodial parent, has complete authority to decide the name by which her minor daughter shall be known, as this forms a recognised part of parental rights under law.

The case dates back to 2017 when the child was born in a Bengaluru hospital to a couple from Nepal who were in a live-in relationship. At the time, the mother applied for the birth certificate by listing herself as the mother and her partner as the father. However, soon after, the man returned to Nepal, expressing his unwillingness to continue the relationship or take responsibility for the child’s upbringing.

Also Read:Karnataka High Court sets clear rules for accessing spouse’s income records in maintenance cases

Following his departure, the mother approached the Chief Registrar seeking deletion of the father’s name and the addition of her own name and family name in the birth certificate. Despite submitting relevant documents, her request was rejected on the grounds that the authorities lacked the power to make such corrections.

Challenging this decision, the mother moved the High Court, which ruled in her favour. The court concluded that the decision serves the best interest of the child and directed the Registrar to carry out the necessary changes.