Bangalore District Court
Preetham Shivaji Pawar S/O Shivaji vs The State Of Karnataka on 3 November, 2018
IN THE COURT OF LX ADDL CITY CIVIL AND SESSIONS
JUDGE; BANGALORE CITY
(CCH.NO 61)
Present :
Sri Vidyadhar Shirahatti, LL.M
LX Addl. City Civil & Sessions Judge,
Bengaluru.
O.S.No.1911/2018
Dated this the 3rd day of November, 2018
PLAINTIFF: Preetham Shivaji Pawar S/o Shivaji
Pawar and Mrs. Kaveri Gurav, Aged
about 18 years, R/at No.210,
Krishna Guarudatta Layout, 1st
Cross, 1st Main road, Hosakerehalli,
Bengaluru-560085.
-Vs-
[By Smt.M.L.Srimathi, Adv.]
DEFENDANTS: 1. The State of Karnataka,
reptd by its Chief Secretary,
Vidhana Soudha, Bengaluru-
560001.
2. The Principal Secretary,
(Education) Government of
Karnataka, M.S.building,
Dr.B.R.Ambedkar Veedhi,
Bengaluru-560001.
3. The Registrar, Sub-Registrar of
Births & Deaths and Assistant
Commissioner, HDMC Zonal
NoL HDI-K, Hubli-Dharward
Municipal Corporation,
Hubli/Dharward.
2 O.S.No.1911/2018
4. The Head Master, Prarthana
Central School No.30,
Subramanyapura Main road,
Chikkalasandra, Bengaluru-
560070,
5. The Central Board of Secondary
Education, Shiksha Kendra-2,
Community Centre, New Delhi-
110092.
6. The Principal, Surana Ind.
Degree College, No.16, South
end, Bengaluru-560004.
7. The Director, Pre-university
th
Education, 18 Cross,
Malleshwaram, Bengaluru-
560003.
8. The Registrar, Bengaluru
University, Central College
Campus, Bengaluru-560009.
9. Assistant Director, Department of
Pre-University College,
Bengaluru South, Bengaluru.
(Dft No.1 to 9: Ex-parte)
Date of Institution 12.03.2018
Nature of the suit Declaration
Date of recording 01-10-2018
of evidence
Date of Judgment 03-11-2018
Total Duration Days Months Years
21 07 00
3 O.S.No.1911/2018
JUDGMENT
The plaintiff has filed this suit against defendants, seeking relief of Declaration, to declare that his name as "Preetham Shivaji Gurav " and for Mandatory Injunction, directing the defendants to rectify his name as "Preetam Shivaji Gurav" in place of "Preetam Shivaji Pawar", in all the relevant educational records.
2. Brief facts of plaintiff's case are as follows:
The plaintiff was born on 8.12.1998. He studied 1st to 10 standard in 5th defendant school and after 10th the plaintiff is studying at 6th defendant institution and he is doing B.com 2nd year. Since when he was child at the age of 5 years, he is under care and custody of his mother Smt.Kaveri Gurav. The plaintiff submits that, after divorce between his parents, the plaintiff is residing with is mother and her parents. The plaintiff's mother has taken full responsibility of the plaintiff and she is the legal guardian to the plaintiff. Hence, plaintiff has decided to change the surname Pawar to Gurav, as Gurav is the surname of the plaintiff's mother. Therefore he sworn to an 4 O.S.No.1911/2018 affidavit before the Notary that he has changed his surname from Pawar to Gurav and the same has been published in daily news papers Kannada Prabha and Indian express on 10.8.2017 respectively. The plaintiff approached the defendants to change his surname from Preetam Shivaji Pawar to Preetam Shivaji Gurav. However, the defendants have not come forward to rectify the same and then they directed him to approach competent court of law, seeking necessary relief. The plaintiff states that, it is very necessary to change his name in the educational records pertain to him, Hence the suit.
3. After registering the suit, summons were issued to the defendants. In spite of due service of summons, defendant No.1 to 9 have not appeared before this Court. Hence they are placed exparte.
4. Heard argument. I have perused the available materials on record.
5. Now the points that arise for my consideration are:
1) Whether the suit is to be decreed, as prayed?
2) What Decree or order?5 O.S.No.1911/2018
6. My answer to the above points are:
Issue No.1 : - Affirmative.
Issue No.2 :- As per final order for the following:
REASONS
7. POINT NO.1: The plaintiff contends that he intends to change his surname from Preetam Shivaji Pawar to Preetam Shivaji Gurav and hence, his name has to be rectified as "Preetam Shivaji Gurav" in his school records , instead of 'Preetam Shivaji Pawar'.
8. The plaintiff/PW.1, files his affidavit by way of oral evidence. The plaint averments are all reiterated by PW1 in his affidavit by way of oral evidence. PW1 also got exhibited documents at Ex.P.1 to Ex.P.15. Ex.P.1 is the Original Birth Certificate. Ex.P.2 is the Original 10th Marks Card. Ex.P.3 is the Original PUC Marks Card. Ex.P.4 is the Original Surana College Admission receipt, Ex.P.5 is the Original Driving License, Ex.P.6 is the Certified copy of decree in MC.No. 2231/10, Ex.P.7 is the Notarized affidavit, Ex.P.8 is the Paper 6 O.S.No.1911/2018 publications (English and Kannada), Ex.P.9 is the Office copy of legal notice, Ex.P.10 is the Eight postal receipts, Ex.P.11 is the Six postal acknowledgements Ex.P.12 is the Postal tracking report, Ex.P.13 is the Reply notice by D5, Ex.P.14 is the Reply notice by D7 and Ex.P.15 is the Office copy of legal notice.
9. I have carefully gone through oral evidence coupled with documentary evidence placed by plaintiff. At Ex.P.1 to Ex.P.6 name of plaintiff mother mentioned as "Preetam Shivaji Pawar", However the plaintiff contends that, since from his childhood he was under care and custody of his mother Smt.Kaveri Gurav and after divorce between his parents, he is residing with his mother and her parents. His mother surname is Gurav. Hence, he intend to change his surname from Pawar to Gurav. Ex.P.9 is the legal notice caused to the defendants, requesting them to rectify the name of plaintiff at Ex.P.1 to 6. However D1 to D9 have not come forward to change his name. On other hand D1 to D9 refused to do so, rejecting the requisition of plaintiff. Inspite of service of summons, the defendant No.1 to 9 remained absent. Hence, they are placed 7 O.S.No.1911/2018 expate. The defendants No1 to 9 have not adduced rebuttal evidence to disbelieve the case of the plaintiff. Evidence on record clearly goes to show that plaintiff mother's name is "Preetam Shivaji Pawar" and the same name has been mentioned in all his school and college records. However, the plaintiff intends to change his name from Preetam Shivaji Pawar to Preetam Shivaji Gurav. Evidence placed by the plaintiff is remained unchallenged by the defendants. The plaintiff has placed enough evidence on record to get a decree as prayed. Therefore, I am of the considered view, that suit is to be decreed, as prayed. For the forgoing reasons I answer the point No.1 in the 'Affirmative. '
10. POINT NO.3: In view of my findings above, I proceed to pass the following:
ORDER Suit is decreed as prayed. No cost.
It is hereby declared that name of plaintiff is "Preetam Shivaji Gurav".8 O.S.No.1911/2018
The defendants are hereby directed to rectify plaintiff's name as "Preetam Shivaji Gurav" in place of "Preetam Shivaji Pawar", in all the educational records pertains to plaintiff and issue fresh certificate/marks card.
Draw Decree accordingly.
*** (Directly dictated to the Stenographer on computer, corrected and then pronounced by me in the open court on this the 3rd day of November 2018 ) (Vidyadhar Shirahatti) LX Addl. City Civil & Sessions Judge, Bengaluru.
ANNEXURE LIST OF WITNESSES EXAMINED FOR PLAINTIFF:
PW.1 : Preetam Shivaji Pawar LIST OF WITNESSES EXAMINED FOR DEFENDANTS:
- Nil -9 O.S.No.1911/2018
LIST OF DOCUMENTS MARKED FOR PLAINTIFF:
Ex.P.1 : Original Birth Certificate.
Ex.P.2 : Original 10th Marks Card.
Ex.P.3 : Original PUC Marks Card.
Ex.P.4 : Original Surana College Admission
receipt.
Ex.P.5 : Original Driving License.
Ex.P.6 : Certified copy of decree in MC.No.
2231/10.
Ex.P.7 : Notarized affidavit.
Ex.P.8 : Paper publications (English and
Kannada)
Ex.P.9 : Office copy of legal notice
Ex.P.10 : Eight postal receipts.
Ex.P.11 : Six postal acknowledgements Ex.P.12 : Postal tracking report. Ex.P.13 : Reply notice by D5. Ex.P.14 : Reply notice by D7. Ex.P.15 : Office copy of legal notice.
LIST OF DOCUMENTS MARKED FOR DEFENDANTS:
- Nil -
(Vidyadhar Shirahatti) LX Addl. City Civil & Sessions Judge, Bengaluru.10 O.S.No.1911/2018