Bangalore District Court
Smt. Nisha Narayana Pai D/O vs ) The State Of Karnataka on 28 September, 2018
C.R.P.67
Govt. of Karnataka
Form No.9 (Civil)
Title Sheet for
Judgments in Suits
(R.P.91)
TITLE SHEET FOR JUDGMENTS IN SUITS
IN THE COURT OF THE II ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE (C.C.H. No.17)
DATED THIS THE 28th DAY OF SEPTEMBER 2018.
PRESENT; SRI.I.F. Bidari, B.Com., LL.B (Spl).,
II ADDL CITY CIVIL JUDGE, BANGALORE.
O.S.NO.2858/2018
Plaintiff: Smt. Nisha Narayana Pai d/o
Narayan R Pai, 26 years,
Permanently R/at No.B304, Julie
Bagh Apts, Pandeshwar, Mangalore.
Presently R/at No.A108, Hoysala
Commanders Retreat, 6th Cross,
Bhadrappa Layout, Kodigehalli
Gate, Near GR Kalyana Mantapa,
Bengaluru.
(By, Miss. NMNG, Advocate)
Vs.
Defendants: 1) The State of Karnataka, by
its Secretary, Department of
Education, Vidhana Soudha,
Bengaluru.
2) The Department of Public
Instructions, Department of
2 O.S. No.2858/2018
Education, Bengaluru South
Zone, Kalasipalya, Bengaluru.
3) The Block Education Officer,
Balapete, Department of
Education, Bengaluru South
Zone-2, Thulasithota,
Bengaluru.
4) The Secretary, Karnataka
Secondary Education
Examination Board,
Malleshwaram, Bengaluru.
5) The Director, Department of
Pre-University Education
Board, Malleshwaram,
Bengaluru.
6) The Vice Chancellor,
Bengaluru University,
Jnanabharathi, Bengaluru.
7) The Head Master, Lourdes
High School, 3rd cross,
Cubbonpet, Bengaluru.
8) The Head Master, St. Peter
English Medium High School,
No.1920-1921, 4th main, RPC
layout, Vijayanagar,
Bengaluru.
9) The Principal, BHS First
Grade college, Jayanagar,
Bengaluru.
10) The Principal, Vijaya
Degree College, 4th Block,
Jayanagar, Bengaluru.
11) The Registrar of Births
and Deaths, Mangalore
Mahanagara Palike,
Mangalore.
(D.1 to D.4 by Sri. ADGP)
(D.5-11- Exparte)
3 O.S. No.2858/2018
------------------------------------------------------------------------
Date of Institution of the suit : 16.04.2018
Nature of the suit (suit on : Suit for declaration
pronote, suit for declaration
and possession, suit for
injunction etc,)
Date of the commencement : 20.09.2018
of recording of the evidence
Date on which the Judgment : 28.09.2018
was pronounced : Year/s Month/s Day/s
Total duration : 00 05 12
------------------------------------------------------------------------
(I.F. Bidari)
II Additional City Civil and Sessions Judge,
Bangalore.
JUDGMENT
This suit of the plaintiff against the defendants seeking the relief of declaration to the effect that the plaintiff's name be declared as "Nisha Pritesh Prabhu" instead of "Nisha Narayan Pai" and also to issue direction to the defendants, to enter her name as "Nisha Pritesh Prabhu" in her marks cards and the records maintained by them, pertaining to the plaintiff and to grant such further relief as deem fit by the court 4 O.S. No.2858/2018 .2. The brief facts of case are:
The plaintiff has born out of wed-lock between Smt. Laxmi N Pai and Narayan R. Pai, on 17.08.1992 at Mangalore and after the birth, she was named as 'Nisha'. The plaintiff when admitted for her Primary education at Bengaluru, her parents did give her name as "Nisha Narayan Pai", in the school. The plaintiff has completed her SSLC in 7th defendant institution and PUC in 9th defendant institution, whereas, she completed her B.Com. degree from Bengaluru University and in all her primary, High-school and college records, the name of plaintiff has been recorded as "Nisha Narayan Pai". The marriage of the plaintiff has been solemnized with Pritesh Panduranga Prabhu on 28.02.2016 at Kumta and her marriage has been registered at Jayanagara Sub-registrar Office at Bengaluru, under Hindu Marriage Act in No.Jay-HM230-2016-17. Thereafter the marriage, the plaintiff consulted her family 5 O.S. No.2858/2018 astrologer and numerologist, who in turn, advised the plaintiff to change her name as "Nisha Pritesh Prabhu" from "Nisha Narayan Pai". Therefore, after the marriage, in all her bank records, Aadhar card and passport, the name of the plaintiff has been shown as "Nisha Pritesh Prabhu", but in all her educational records and birth certificate, her name is shown as "Nisha Narayan Pai". Under the circumstances, the plaintiff approached the defendants and requested to change her name in her school records as "Nisha Pritesh Prabhu"
from "Nisha Narayan Pai", but in vain. Therefore, the plaintiff got issued the legal notice dated 15.02.2018 to the defendants u/s. 80 of C.P.C., calling upon them to change the name of plaintiff from "Nisha Narayan Pai" to "Nisha Pritesh Prabhu", but despite service of notice, the defendants have not complied the demand made in the legal notice. Thus, the 6 O.S. No.2858/2018 plaintiff, left with no alternative, has filed this suit against the defendants for the relief sought.
.3. Pursuant to the service of suit summons, the defendants 1 to 4 appeared through their counsel. The defendants 5 to 11 remained absent, in-spite of service of suit summons, hence, they are set exparte.
.4. The defendants 1 to 4 through, Gazetted Officer, have filed the written statement, contending that suit of the plaintiff is not maintainable either in law or on facts and called upon the plaintiff to prove her case. It is contended that as per the circular issued by the Commissioner of Education Department, there is no provision to change the name of plaintiff in her school records. The suit is barred by limitation. There is no cause of action for the plaintiff to file the suit. The defendants 1 to 4 denied the allegations made in the plaint. These 7 O.S. No.2858/2018 main grounds, among others, contended in the written statement, prayer to dismiss the suit of the plaintiff with cost.
.5. On the basis of the above pleadings, the following issues have been framed:
ISSUES
1) Whether the plaintiff proves that she has abandon her earlier name "Nisha Narayan Pai" and changed her name as "Nisha Pritesh Prabhu"?
2) Whether the defendants 1 to 4 proves that suit is barred by limitation?
3) Is there cause of action to file the suit?
4) Whether the plaintiff is entitle for the relief of declaration?
5) What order or decree?
.6. The plaintiff, to substantiate her case, has got examined herself as PW.1. The documents at Exs.P.1 to 36 are marked, for the plaintiff. The defendants 1 to 4 have not adduced either oral or documentary evidence on their behalf.8 O.S. No.2858/2018
.7. Heard both sides. The written argument is filed on behalf of the plaintiff. Perused the records and the written argument.
.8. My findings on the above issues are:
Issue No.1 : In the Affirmative,
Issue No.2 : In the Negative,
Issue No.3 : In the Affirmative,
Issue No.4 : In the Affirmative,
Issue No.5 : As per final order,
for the following:
REASONS
.9. Issues 1 to 4: These issues are inter- related, hence, taken together for discussion, for convenience, also to avoid repetition of facts. The PW.1 Nisha Narayan Pai d/o Narayan R Pai, who is a plaintiff, has filed an affidavit in lieu of her chief-examination, reiterating most of the plaint averments. The Ex.P.1 is a birth certificate of plaintiff issued by the competent authority, wherein, the name of plaintiff is 9 O.S. No.2858/2018 mentioned as 'Nisha' and father's name is recorded as 'Narayan R. Pai'. The Exs.P.2 and 3 are the original SSLC and II P.U. marks cards, respectively, of plaintiff. The original marks cards of 1st semester to 6th semester of plaintiff pertaining to her B.Com., degree are marked at Exs.P.4 to 9. The Ex.P.10 is an original convocation certificate issued by Bengaluru University in the name of plaintiff with-regard to her Bachelor of Commerce degree. The birth date of plaintiff in Exs.P.1 and 2 mentioned as 17.08.1992. The Ex.P.2 corroborates the evidence of PW.1 that she is a daughter of Laxmi N Pai and Narayan R Pai. The name of plaintiff in Exs.P.2 to 10 mentioned as "Nisha Narayan Pai". The Ex.P.11 is a certificate of registration of plaintiff for having solemnized her marriage with Pritesh Panduranga Prabhu, on 28.02.2016 and their marriage has been registered under the provisions of Hindu Marriage Act, 1955, in the Sub-registrar office, 10 O.S. No.2858/2018 Jayanagara, Bengaluru, wherein, they have sworn that they have married on 28.02.2016 and Maiden name of plaintiff is "Nisha Narayan Pai" and after the marriage, she is known by name as "Nisha Pritesh Prabhu". The Ex.P.13 is an extract of SB account statement of the plaintiff standing in Yes bank at Jayanagara, Bengaluru. The Ex.P.14 is an original Aadhar card of plaintiff. The Exs.P.1 to 14 and the oral evidence of PW.1 corroborates the plaint averments that the plaintiff married with 'Pritesh Panduranga Prabhu' on 28.02.2016. Thereafter, got registered their marriage, consequently, the certificate marked at Ex.P.11 has been issued and after the marriage, the plaintiff has sworn an affidavit along with her husband marked at Ex.P.12 on 15.06.2016, whereas, after the marriage, the plaintiff is known by name as "Nisha Pritesh Prabhu", accordingly, the said name is mentioned in Exs.P.14 and 13. These documentary evidence 11 O.S. No.2858/2018 marked at Exs.P.11 to 14 and the oral evidence of PW.1, corroborates the plaint averments that after the marriage, the plaintiff abandoned her earlier name "Nisha Narayan Pai" and changed her name as "Nisha Pritesh Prabhu". The PW.1 in her chief-examination has stated that after the marriage, she did approach the defendants and requested them to record her name as "Nisha Pritesh Prabhu" in the records maintained by them, with-regard to her name, but in vain, as such, she has got issued the legal notice u/s. 80 of C.P.C., to the defendants, but in vain, hence, she has filed the instant suit for the reliefs sought and prayed to grant the relief as prayed in the suit. The Ex.P.15 is a copy of legal notice dated 15.02.2018 got issued by the plaintiff through her counsel to the defendants calling upon them to record her changed name as "Nisha Pritesh Prabhu", instead of her earlier name "Nisha Narayan Pai". The Exs.P.16 to 26 are the postal receipts, for 12 O.S. No.2858/2018 having sent the notice to the defendants, through RPAD. The Exs.P.27, 28, 29, 30, 31, 32, 33 and 34 are the acknowledgments, for having served the legal notice on defendants 9, 10, 2, 3, 6, 8, 1 and 7 respectively. The Ex.P.35 is a letter sent by the defendant No.5 Director office, Department of Pre-University Education Board, Malleshwaram, Bengaluru, in response to the legal notice sent by the plaintiff. The Ex.P.36 is a copy of legal notice bearing endorsement of defendant No.5 having served the said legal notice on defendant No.5. The PW.1 during cross-examination deposed that during 1998-99 she did join the school for 1st standard. She deposed that in the birth certificate (Ex.P.1) her name is mentioned as 'Nisha'. Though the PW.1 is cross-examined in length, but nothing has been elicited from her mouth, to disbelieve or discard her evidence that after the birth, her name was recorded as 'Nisha' in the birth certificate marked at Ex.P.1 13 O.S. No.2858/2018 and in the school and college records, her name is recorded as "Nisha Narayan Pai" and she changed her name as "Nisha Narayan Pai" and when the defendants declined to record her changed name in the records maintained by them, pertaining to the entry of name of plaintiff, she has got issued the legal notice to the defendants through her counsel, same has been served on the defendants, which is evidenced through Exs.P.15 to 36 and in-spite of service of legal notice, the defendants declined to comply the demand sought by the plaintiff through the legal notice, hence, the plaintiff has file this suit. The defendants 1 to 4 in the written statement, contending that there is no cause of action and the suit is barred by limitation, but the evidence on record proves that the plaintiff by issuing statutory notice to the defendants as contemplated u/s. 80 of C.P.C., requested the defendants to record and enter her changed name in the school and 14 O.S. No.2858/2018 college records and also in the birth certificate, but the defendants declined to comply the demand made by the plaintiff through the legal notice, copy of which is marked at Ex.P.15. The cause of action arose for the plaintiff to file the suit 60 days after issuance of service of legal notice dated 15.02.2018 and when the defendants not complied the demand made by the plaintiff through legal notice, she has filed the instant suit on 16.04.2018, before this court, when the cause of action arose to her and suit of the plaintiff is well within limitation. Therefore, there is no substance in the contention of the defendants 1 to 4 that there is no cause of action to file the suit and suit of the plaintiff is barred by limitation. On the other hand, the evidence and materials on record proves that there is sufficient cause for the plaintiff to file the suit and suit of the plaintiff is filed within limitation period. Admittedly, the plaintiff is coming before the court to declare 15 O.S. No.2858/2018 her name as "Nisha Pritesh Prabhu" as she has abandoned her earlier name "Nisha Narayan Pai", after her marriage.
.10. The learned counsel for the plaintiff during oral argument as well in the written argument, submits that the plaintiff has complied the legal formalities for the relief sought, hence, prayed to grant the relief. The learned counsel for the plaintiff, drawn attention of the court to the circular bearing No.ED 106 D.T.I.93(B) dated 17.02.1998 issued by the Karnataka Government Secretariat, Vidhana Soudha, Bengaluru, addressed to the Commissioner of Education Public Instructions, Bengaluru, directing that any of the students and persons, seeking change in their names, father's name, birth date etc., to be effected only thereafter such persons obtain decree from the competent court of law.
16 O.S. No.2858/2018
.11. The right of the plaintiff in changing her name from her earlier name is a civil right and for the reasons discussed above, the plaintiff has complied the requirement of law in that regard. The evidence on record proves that the defendants, despite plaintiff following procedures, have not complied the request of the plaintiff, under the circumstances, there is no hesitation to hold that the plaintiff is entitle for declaratory relief as sought, consequently, the defendants are liable to be directed to effect the name of plaintiff as "Nisha Pritesh Prabhu"
instead of her earlier name mentioned as 'Nisha' in Ex.P.1 and "Nisha Narayan Pai" in her school and college records, maintained by them, as sought in this suit. Hence, I hold issues 1, 3 and 4 in the affirmative and issue No.2 in negative, for consideration.17 O.S. No.2858/2018
.12. Issue No.5: In view of my findings on aforementioned issues 1 to 4, I proceed to pass the following:
[ ORDER Suit of the plaintiff is decreed. The name of plaintiff is declared as "Nisha Pritesh Prabhu" instead of her earlier name 'Nisha' mentioned in her birth certificate marked at Ex.P.1 and "Nisha Narayan Pai" mentioned in her school and college records.
The defendants 1 to 11 are hereby directed to change the name of plaintiff as "Nisha" mentioned in her birth certificate and "Nisha Pritesh Prabhu" mentioned in her school and college records maintained by them.
No order as to cost.
Draw decree accordingly.
(Dictated to the Judgment Writer, transcribed by her, revised by me and after corrections, pronounced in open Court on this the 28th day of September, 2018.) (I.F. Bidari) II Additional City Civil and Sessions Judge, Bangalore.18 O.S. No.2858/2018
ANNEXURE
1. WITNESSES EXAMINED FOR THE PLAINTIFF :
P.W.1 : Nisha Narayan Pai
2. DOCUMENTS MARKED FOR THE PLAINTIFF:
Ex.P.1 : Birth certificate
Ex.P.2 : Original SSLC marks card
Ex.P.3 : Original II PUC marks card
Exs.P.4-9 : Original marks cards of I Semester to VI Semester of B.Com degree Ex.P.10 : Original convocation certificate issued by Bengaluru University Ex.P.11 : Marriage certificate Ex.P.12 : Joint marriage affidavit Ex.P.13 : SB Account statement of plaintiff in Yes bank Ex.P.14 : Original Aadhar card Ex.P.15 : Office copy of legal notice Exs.P.16-26: Postal receipts (11 in numbers) Exs.P.27-34 : Acknowledgements (8 in numbers) Ex.P.35 : Letter sent by the defendant No.5 Ex.P.36 : Copy of legal notice bearing endorsement of defendant No.5 19 O.S. No.2858/2018
3. WITNESSES EXAMINED FOR THE DEFENDANTS:
Nil
4. DOCUMENTS MARKED FOR THE DEFENDANTS:
Nil (I.F. Bidari), II Additional City Civil and Sessions Judge, Bangalore.
IBRAHIM Digitally signed by IBRAHIM FEERASAB
BIDARI
DN: cn=IBRAHIM FEERASAB
FEERASAB BIDARI,ou=HIGH
COURT,o=GOVERNMENT OF
KARNATAKA,st=Karnataka,c=IN
Date: 2018.09.30 15:41:18 IST
BIDARI
20 O.S. No.2858/2018
21 O.S. No.2858/2018
22 O.S. No.2858/2018