Bangalore District Court
Ms.Bhagyashri Amarashetti vs The Chief Secretary on 22 April, 2016
IN THE COURT OF LXVII ADDL CITY CIVIL AND SESSIONS
JUDGE; BENGALURU CITY (CCH.No.68)
PRESENT
SRI.CHANDRASHEKHAR MARGOOR, B.Sc., LL.B.(Spl)
LXVII ADDL CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Dated this the 22nd day of April, 2016
O.S.No.10024/2015
PLAINTIFF: Ms.Bhagyashri Amarashetti
Daughter of Prabhakar
Aged about 21 years,
Residing at C/o. Lakshminarayana
No.210, Behind Chandana Bakery,
Channasandra, Kadugodi (P)
Bengaluru-560067.
(By Smt.Sowbhagyamma M.K.,
Advocate)
.Vs.
DEFENDANTS: 1. The Chief Secretary,
government of Karnataka,
Ministry of Education, Vidhana
Soudha, Bengaluru-560 001.
2. The Deputy Director of Public
Instructions, Kshetra
Shikshana Adhikari,
Mudhol-587 313.
3. The Commissioner,
Department of Pre-University
Education, 18th Cross, Near
Aranya Bhavan Compound,
Malleshwaram, Bengaluru -
560 055.
2 O.S.No.10024/2015
4. The Secretary,
Karnataka Secondary Education
Examination, SSLC Board,
Malleshwaram Circle,
Bengaluru-560003.
5. The Head Master,
Somayya Shishuniketana
Primary School, Sameerawadi,
Mudhol Taluk, Bagalkot District
6. The Head Master,
The Government High School,
RMG Composite Junior College,
Mudhol, Bagalkot District.
7. The Principal,
RMG Composite Junior College,
Mudhol, Bagalkot District.
(D.1 to D.7 - Exparte)
Date of Institution 08.12.2015
Nature of suit Declaration and Injunction
Date of commencement of 18.04.2016
evidence
Date on which the judgment 22.04.2016
was pronounced.
Total Duration: Years Month Days
0 04 13
(CHANDRASHEKHAR MARGOOR)
LXVII ACC & SJ, Bengaluru.
3 O.S.No.10024/2015
JUDGMENT
The plaintiff has filed the suit for seeking declaration that, the plaintiff's name as Chinamayi. N. Honawad instead of Bhagyashri Amarasetti and also prayed to direct the defendants to change her name in the records as Chinamayi. N. Honawad in the records maintained by the defendants.
2. The averments of the plaint in brief are as under;
The plaintiff has pursued her primary education and also High School at 5th and 6th defendants school and completed her SSLC at 6th defendant's school. The plaintiff is pursued her PUC 1st year in 7th defendant's college but, she discontinued her studies. The plaintiff being a Hindu and got married with one Nagaraja.H.M. on 23.12.2012. The astrologer has stated after going through horoscope that, her date of birth as 21.07.1994 did not match with her name. Therefore, the plaintiff is suffering from ill-health and her life is not stable. Hence, she has approached the astrologer for further prosperous of life. He advised her to got change her name from Bhagyashri Amarasetti to Chinamayi. N. Honawad. The plaintiff has requested the defendants to change her name as prayed, but they did not heeded to the request of the plaintiff. The plaintiff got issued legal notice dtd:11.09.2015 and called upon the defendants to change her name as prayed. But, inspite of service of legal notice, the defendants have not changed her name. Hence, the plaintiff is constrained to file this suit for seeking above relief.
4 O.S.No.10024/20153. In spite of service of summons, the defendants have failed to appear before the court and hence, the defendants have placed exparte.
4. From the above facts, the points that arise for my consideration are as under;
1. Whether the plaintiff proves that, her name is Chinamayi. N. Honawad?
2. Whether the plaintiff is entitled for declaration and injunction as prayed?
3. What order?
5. In support of her case, the plaintiff got examined herself as P.W.1 and got marked the documents Exs.P.1 to 7.
6. Heard and perused the materials available on record
7. My finding on the above points is as under:
Point No.1 - In the Negative,
Point No.2 - In the Negative,
Point No.3 - As per final order,
for the following:
REASONS
8. POINT Nos.1 & 2: Since both these points are interconnected with each other, they have taken up together for common discussion in order to avoid the repetition of facts.
5 O.S.No.10024/20159. The complainant P.W.1 in consonance with the plaint averments has deposed that she has pursued her primary education and also High School at 5th and 6th defendants school and completed her SSLC at 6th defendant's school. The plaintiff is pursued her PUC 1st year in 7th defendant's college but, she discontinued her studies. The plaintiff being a Hindu and got married with one Nagaraja.H.M. on 23.12.2012. The astrologer has stated after going through horoscope that, her date of birth as 21.07.1994 did not match with her name. Therefore, the plaintiff is suffering from ill-health and her life is not stable. Hence, she has approached the astrologer for further prosperous of life. He advised her to got change her name from Bhagyashri Amarasetti to Chinamayi. N. Honawad. The plaintiff has requested the defendants to change her name as prayed, but they did not heeded to the request of the plaintiff. The plaintiff got issued legal notice dtd:11.09.2015 and called upon the defendants to change her name as prayed. But, in spite of service of legal notice, the defendants have not changed her name.
10. The plaintiff has produced the document Ex.P.1-copy of legal notice dtd:11.09.2015, Ex.P.2-seven postal receipts, Ex.P.3-postal acknowledgments, Ex.P.4-the letter of PU Board dtd:13.10.2015, Ex.P.5-Original SSLC Mark Card, Ex.P.6-Original PU Marks Card, Ex.P.7-the Original Lease Agreement, Ex.P.7(a)-Notarized copy of lease agreement.
11. No doubt, the defendants have not traversed the plaint averments and also not tested the version of the P.W.1 by cross-
6 O.S.No.10024/2015examining her. Still, the plaintiff has to prove her case that, there is no inconsistent pleading in the plaint averments. The plaintiff alleged that, she got married one Nagaraja.H.M. on 23.12.2012 but, she has not produced any material before this court to establish that her husband's name is Nagaraja.H.M. and after the marriage, she is intending to change her name from Bhagyashri Amarasetti to Chinamayi. N. Honawad. But, the further allegation of the plaintiff that, the astrologer after going through the horoscope advised her to get change her name from Bhagyashri Amarasetti to Chinamayi. N. Honawad and her date of birth is not tallying. Hence, her life is not stable and suffering from ill-health. The said contention of the plaintiff cannot be believable, as because we are in the advanced technology and during the scientific inventions era, the plaintiff has believed superstitious. The plaintiff has produced the documents namely SSLC Mark Card vide Ex.P.5, which depicts her name as Bhagyashri Amarasetti D/o. Prabhakar. If the plaintiff should have produced any documents to show that, she has married Nagaraja.H.M. and after the marriage, she is intending to change her name Bhagyashri Amarasetti to Chinamayi. N. Honawad. This court should have accepted the version of the plaintiff and should have granted relief as prayed by the plaintiff but, except the bald and self serving statement of the plaintiff there is absolutely no iota of evidence to come to the conclusion that, plaintiff's name is Chinamayi. N. Honawad. When the plaintiff failed to establish with cogent evidence that, her name is Chinamayi. N. Honawad, the question of issuing directions to the defendants does not arise to change her name as Chinamayi. N. Honawad from Bhagyashri 7 O.S.No.10024/2015 Amarasetti in the records maintained by the defendants. Hence, I answered the Point Nos.1 and 2 accordingly.
12. POINT No.3: In view of the finding on the Point Nos.1 and 2 as above, my finding on this point is as per following;
ORDER The Suit of the plaintiff is dismissed.
Parties are directed to bear their own costs.
(Dictated to the Stenographer, transcribed by her, and after corrections pronounced by me in the Open Court on this the 22nd day of April, 2016) (CHANDRASHEKHAR MARGOOR) LXVII Addl.City Civil and Sessions Judge, BENGALURU.
ANNEXURE List of witness examined for the plaintiff side:
PW1 Bhagyashri Amarashetti List of documents exhibited for the plaintiff side:
Ex.P.1 Copy of legal notice dtd:11.09.2015 Ex.P.2 Seven postal receipts Ex.P.3 Postal acknowledgments Ex.P.4 Letter of PU Board dtd:13.10.2015 Ex.P.5 Original SSLC Mark Card Ex.P.6 Original PU Marks Card Ex.P.7 Original Lease Agreement Ex.P.7(a) Notarized copy of lease agreement 8 O.S.No.10024/2015 List of witness examined for the defendant side:
Nil List of documents exhibited for the defendant side:
Nil (CHANDRASHEKHAR MARGOOR) LXVII Addl.City Civil and Sessions Judge, BENGALURU.