Bangalore District Court
Ravikumar H.K vs The Chief Secretary on 16 September, 2016
IN THE COURT OF LXIV ADDL. CITY CIVIL & SESSIONS
JUDGE (CCH-65) AT BENGALURU CITY
Dated this the 16th day of September, 2016
-: P R E S E N T :-
Sri. MADHUSUDHAN. B.
B.Com, LL.B (Spl.).,
LXIV ADDL.CITY CIVIL & SESSIONS JUDGE,
(CCH-65), BENGALURU CITY.
O.S.No. 7685/2015
PLAINTIFF : Ravikumar H.K.,
S/o. Krishnappa H.C.,
Aged about 25 years,
R/at.No.526/B,
3rd Main road,
Hebbal, Bengaluru-560 024.
(By Sri. Ambarish D.M., Adv.)
/Vs/
DEFENDANTS 1 The Chief Secretary,
State of Karnataka,
Vidhana Soudha,
Bengaluru - 560 001.
2. The Deputy Director of Public
Instructions,
Opposite Kaveri Bhavan,
Kempegowda Road,
Bengaluru-560 009.
3. H.E.S.English School,
4th Main Road,
Hebbal, Bengaluru-560 024.
2 O.S.No.7685/2015
4. Bharath Sevadala Jnana,
Bhandar School,
Kumara Krupa Road,
Bengaluru-560 001.
(Exparte)
1. Date of institution of the suit : 07.09.2015
2. Nature of the suit : Declaration &
injunction
3. Date of commencement of : 31.08.2016
recording of evidence
4. Date on which the judgment : 16.09.2016
was pronounced
5. Duration : day/s month/s year
9 - 1
JUDGMENT
Plaintiff herein filed this suit against defendants seeking relief of declaration to the effect that, name of plaintiff is Madhan Gowda H.K., with consequential relief of Mandatory injunction order directing the defendants to insert name of plaintiff as Madhan Gowda H.K. in 3 O.S.No.7685/2015 all his educational records by deleting name of the plaintiff -Ravi Kumar H.K.
2. Brief averments of plaint may be stated as under:
At the time of naming ceremony of plaintiff, he has been named as Ravi Kumar H.K. by his parents. When plaintiff was admitted to the school, parents of the plaintiff furnished all particulars of plaintiff including his name and date of birth. As per the information furnished by parents of the plaintiff, school authorities have entered name of the plaintiff as Ravi Kumar H.K. S/o. Krishnappa H.C. Plaintiff studied in 3rd and 4th defendants- educational institutions and has completed his 10th standard. In all his educational records, name of plaintiff is entered as Ravi Kumar H.K. Even in 7th standard Marks Card as well as 10th standard Marks Card and in his Scholl Leaving Certificate, his name is entered as Ravi Kumar H.K. Plaintiff was good in his studies and sports events. But he did not continue his further education, after completion of his 10th standard. Plaintiff is having good future in his life. It is contended that, at the advice of astrologers, plaintiff decided to change his name as Madhan Gowda H.K. In this regard, he has approached defendants No.3 and 4- 4 O.S.No.7685/2015 educational institutions for which they instructed that, name in the school records cannot be changed without the consent of defendants No.1 and 2. Thereafter, plaintiff again approached defendants No.3 and 4-school authorities for re-recording his name as Madhan Gowda H.K. But defendants did not heed to such request of the plaintiff. Finally, plaintiff issued statutory notice U/s.80 of C.P.C., requesting the defendants to cause necessary entry in his educational records including in his marks cards by inserting his name as Madhan Gowda H.K., by deleting his earlier name Ravi Kumar H.K. Such statutory notice is served on defendants No.1 to 4, but then also defendants have not considered the prayer of the plaintiff. Therefore, with these among other grounds, plaintiff prayed for decreeing the suit.
3. Suit summons were ordered to be issued to defendants No.1 to 4. Though, suit summons were served on defendants, but none of the defendants appeared. Therefore, they were placed exparte.
4. Thereafter, matter was posted for enquiry during which plaintiff examined himself as Pw.1 and got exhibited as many as 13 5 O.S.No.7685/2015 documents marked at Ex.P.1 to Ex.P.13. Plaintiff also examined another witness as Pw.2, who is his mother.
5. Heard arguments.
6. On the material placed before this court, following are the points for my consideration:
1. Whether plaintiff proves that, his name has been changed as Madhan Gowda H.K., instead of Ravi Kumar H.K.?
2. Whether plaintiff is entitled for the relief as sought for?
3. What Decree or Order?
7. My findings on the above points are as under:
Point No.1 : In Affirmative Point No.2 : In Affirmative Point No.3: As per final order for the following:
REASONS
8. POINTS.No.1 and 2: I have taken these points together to avoid repeated discussions.
9. I have gone through the averments of plaint and also versions of Pw.1 and Pw.2. Pw.2 is mother of plaintiff. She has 6 O.S.No.7685/2015 deposed that, plaintiff is her son and at the time of his naming ceremony, plaintiff has been named and confirmed his name as Ravi Kumar H.K. She also stated that, plaintiff was brought up as Ravi Kumar H.K. She also stated that, at the time of admission of plaintiff to the school, his name is recorded as Ravi Kumar H.K. in all his educational records. She further stated that, as per the advice of astrologer, they have changed the name of plaintiff as Madhan Gowda H.K. Pw.1, who is plaintiff also in his evidence stated these facts. Thus, version of Pw.1 is with consonance of averments of plaint. On going through the contents of Ex.P.1 to Ex.P.4, which are his educational records as well as copy of Adhar Card, I have noticed that, name of plaintiff is recorded as Ravi Kumar H.K. and his father's name is recorded as Krishnappa H.K. It is also stated by Pw.1 and Pw.2 that, as per the advice of astrologer, name of the plaintiff is to be changed as Madhan Gowda H.K., so that his future career will be bright. It is common practice that, some person will have faith and belief in the astrology. Therefore, opinion of family members and elderly persons and even some time opinion of astrologer cannot be ignored by individuals. In the instant case, it is contended that, on 7 O.S.No.7685/2015 the basis of horoscope, astrologer has advised plaintiff to get his name changed as Madhan Gowda H.K., instead of Ravi Kumar H.K. Though suit summons were served on defendants No.1 to 4, but none of the defendants appeared. Thus, it infers that, they have no defence to resist the claim of the plaintiff. Under these circumstances, I have no any compelling reasons either to reject or to suspect the versions of Pw.1 and Pw.2 and more over no harm or prejudice would be caused to the defendants, if name of the plaintiff is changed as Madhan Gowda H.K., by deleting his earlier name from educational records as well as marks cards of the plaintiff.
10. Further, suit for declaration of name of a particular person is in the nature of civil suit. Therefore, in view of Section 9 of C.P.C., suit one filed by the plaintiff is very well maintainable in law. In addition to this aspect, on perusal of the contents of Ex.P.5 to Ex.P.13, it is clear that, prior to institution of this suit, plaintiff issued statutory notice U/s.80 of C.P.C., to the defendants, which were served on them. In the statutory notice, plaintiff has clearly indicated his claim for change of his name as Madhan Gowda H.K., and to insert his changed name in all his educational records 8 O.S.No.7685/2015 including marks card. But the defendants neither replied to such notice nor considered the prayer or claim of the plaintiff. Therefore, plaintiff instituted this suit seeking the relief of declaration with consequential relief in the nature of mandatory injunction order. Thus, looked with all angles, this court is of the opinion that, suit one filed by the plaintiff is very well maintainable in law and on going through the evidence coupled with contents of documents filed by the plaintiff, I am of the opinion that, plaintiff has made out grounds for decreeing the suit. Accordingly, I answer points No.1 and 2 in affirmative.
11. POINT No. 3 : In view of my findings on the above points No. 1 and 2, this suit of the plaintiff is to be decreed.
12. Under the peculiar circumstances of the case, there shall be no orders as to costs. Being of that opinion, I proceed to pass the following:-
ORDER Suit of the plaintiff is hereby decreed as under: 9 O.S.No.7685/2015
It is ordered and declared that, name of plaintiff is changed as Madhan Gowda H.K. It is further ordered that, defendants No.1 to 4 are hereby directed to enter the name of plaintiff as Madhan Gowda H.K., in his all educational records including marks cards by delting his earlier name Ravi Kumar H.K., after obtaining necessary prescribed fees, if any, for recording change of name of plaintiff.
No order as to costs.
Office to draw decree accordingly.
(Dictated to the Judgment Writer, transcribed by her, corrected and then pronounced by me in open court on this the 16th day of September, 2016).
(MADHUSUDHAN B.) LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, (CCH-65) BENGALURU CITY.
ANNEXURE WITNESSES EXAMINED FOR THE PLAINTIFF:
Pw.1 Ravikumar H.K.
Pw.2 Sarojamma G.P.
WITNESSES EXAMINED FOR THE DEFENDANT:
10 O.S.No.7685/2015
-NIL-
DOCUMENTS MARKED FOR THE PLAINTIFF:
Ex.P.1 Attested copy of 7th Standard Marks card
Ex.P.2 Attested copy of 10th Standard Marks Card
Ex.P.3 Attested copy of Transfer Certificate
Ex.P.4 Attested copy of Adhar Card
Ex.P.5 Office Copy of Legal Notice
Ex.P.6 to Ex.P.9 Postal Receipts
Ex.P.10 to Postal Acknowledgments
Ex.P.13
DOCUMENTS MARKED FOR THE DEFENDANT:
NIL
(MADHUSUDHAN B.)
LXIV ADDL.CITY CIVIL & SESSIONS JUDGE,
(CCH-65) BENGALURU CITY.