Bangalore District Court
Sri.Rethvick vs The State Of Karnataka on 8 December, 2015
IN THE COURT OF XL ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-41) AT BENGALURU.
Dated this the 8th day of December 2015.
PRESENT
SRI.JINARALAKAR. B.L.,
B.A., LL.B. (Spl.)
XL Addl.City Civil & Sessions Judge, Bengaluru.
O.S.NO.749/2014
PLAINTIFF: SRI.RETHVICK,
S/o. Sri.M.Krishnamurthy,
Aged about 22 years,
R/o. No.57/5, Swasthik Road,
Shanthinagar, Akkithimmanahalli,
Wilson Garden,
Bengaluru-560 027.
(By Smt.Vani Gowda K.B., Adv.)
-VS-
DEFENDANTS: 1. THE STATE OF KARNATAKA,
Represented by its Secretary,
Department of Education (Primary),
Vikasa Soudha, Dr.B.R.Ambedkar
Road, Bengaluru-560 001.
2. BLOCK EDUCATIOIN OFFICER,
Range II, Bengaluru South Zone,
Poornaiah Chatra Road,
Thulasi Thota, Balepet,
Bengaluru-560 053.
2 O.S.749/2014
3. THE HEAD MASTER /
HEAD MISTRESS,
St. Josephs Indian High School,
#2, Grant Road, Bengaluru-560 001.
4. THE PRINCIPAL,
St. Josephite Indian Composite PU
College, #2, Grant Road, Bengaluru-560
001.
5. THE PRINCIPAL,
St. Joseph's College,
Lalbagh Road, Bengaluru-560 027.
6. VISVESVARAYA
TECHNOLOGICAL UNIVERSITY,
Belgaum, Represented by its authorized
person / Principal.
7. THE PRINCIPAL,
BMS Institute of Technology,
Department of MCA,
# 6443, Doddaballapur Main Road,
Yelahanka, Bengaluru-560 064.
(D1 to 4, 6, 7- Exparte)
(D5: By Sri.Cyril Prasad Pais,
Advocate.)
***
i) Date of Institution 27.01.2014
of the suit.
ii) Nature of the suit. Declaration & Mandatory Injunction.
iii) Date of the
commencement of 20.08.2015
recording of
evidence.
3 O.S.749/2014
iv) Date on which
the judgment was 08.12.2015
pronounced.
v) Total Duration Year/s Month/s Days
01 10 11
***
JUDGMENT
The plaintiff has filed this suit against the defendants for declaration to declare his name is "Rethvick" and Mandatory Injunction to direct the defendants to change his name from "Ramesh K." to "Rethvick" in all School, College and official records and costs, etc. .2. The averments of the plaint in brief are that:
The plaintiff is the son of Sri.M.Krishnamurthy and Smt.Renuka G., and was born on 06.02.1991 at H.Siddaiah Road Maternity Home, Bengaluru. He was named as "Ramesh K.". He was admitted to St.Joseph's Indian High School, Bengaluru-3rd defendant and was pursued education with the said institution upto 10th Standard. Thereafter, he completed PUC with 4th defendant and 4 O.S.749/2014 thereafter completed the BCA with 5th defendant. At present, the plaintiff is pursuing MCA with 6th and 7th defendants.
The plaintiff has decided to change his name from "Ramesh K." to "Rethvick" and accordingly, sworn to an affidavit on 23.10.2013 before Notary, Bengaluru and same has been published in Kannada and English Newspapers namely-The Hindu and Vijayavani on 29.10.2013. Based on the affidavit, the plaintiff has approached the defendants No.3 to 7 for change of name.
However, they referred the same to 2nd defendant for change of name. The defendants have stated that in view of the Government policy, no change of name is permitted, unless there is a decree from the Court. The plaintiff has issued notice to the defendants as required under Sec.80 CPC and despite of the demand, the defendants have failed to comply the demand. Hence, the plaintiff has filed the present suit.
5 O.S.749/2014.3. The defendants No.1 to 4, 6 and 7 did not appear before the Court in spite of service of summons and they placed exparte. In pursuance of suit summons, the defendant No.5 appeared through counsel and has filed written statement, denying the material averments / allegations regarding the plaintiff deciding to change his name, swearing affidavit before the Notary, got publishing in newspapers, issuance of Legal Notice, etc. Further this defendant contended that the plaintiff is the son of Sri.M.Krishnamurthy and Smt.Renuka G., completing BCA and pursuing MCA are not within the knowledge. As per College records produced by the plaintiff at the time of admission to 5th defendant College shows that he was born on 06.02.1991 at H.Siddaiah Road Maternity Home, Bengaluru. There is no mistake committed by this defendant and this defendant is not a necessary party to the suit. This defendant is a Government aided College, maintaining the College records as required under law and as per the directions and guidelines issued by the Karnataka Education Department. The College records 6 O.S.749/2014 pertaining to the plaintiff are as per the particulars provided by the plaintiff's parents and same cannot be rectified without the order from the competent Authority. The suit is not maintainable either in law or on facts. There is no cause of action and same is false. This defendant prays to dismiss the suit with costs. .4. On the basis of above pleadings, the following Issues framed:
1. Whether the plaintiff proves that his name was "Ramesh.K. and he changed the name from "Ramesh.
K." to "Rethvick" ?
2. Whether the plaintiff is entitled for the relief sought for?
3. What Order or Decree?
.5. In support of the case, the plaintiff examined as PW.1, got marked documents at Ex.P.1 to Ex.P.20 and closed the side. The defendant No.5 has not adduced evidence. .6. Heard arguments.
7 O.S.749/2014.7. My answers to the above Issues are:
Issue No.1 - in the affirmative.
Issue No.2 - in the affirmative.
Issue No.3 - As per final order for the following:
REASONS .8. ISSUE No.1:- The plaintiff has contended that his name was "Ramesh K." and he has changed the name from "Ramesh K." to "Rethvick". In support of the case, the plaintiff himself examined as PW.1 who in his affidavit evidence stated regarding his birth on 06.02.1991 at H.Siddaiah Road Maternity Home, Bengaluru, naming as "Ramesh K.", his studies in School, Colleges, deciding to change name from "Ramesh K." to "Rethvick", swearing affidavit for change of name before the Notary, got publishing the fact of change of name in Kannada and English Newspapers, approaching the defendants for change of name, issuance of Legal Notice, etc., by reiterating the averments of the plaint and got marked documents at Ex.P.1 to Ex.P.20. The plaintiff has 8 O.S.749/2014 produced SSLC Marks Card at Ex.P.16, PUC Marks Card at Ex.P.17, Degree of Bachelor Computer Application at Ex.P.18, MCA 1st Semester Marks Card at Ex.P.19 and Election ID Card at Ex.P.20 and these records show that his name is "Ramesh K.". Further the plaintiff has produced Affidavit at Ex.P.13, Paper Publication in Kannada Newspaper at Ex.P.14 and Paper Publication in English Newspaper at Ex.P.15 and these documents show that the plaintiff has changed his name from "Ramesh K." to "Rethvick" and got published in Kannada and English Newspapers regarding change of name. The plaintiff also produced Office copy of Legal Notice at Ex.P.1, wherein he has issued Legal Notice to the defendants regarding change of name. From the evidence of the plaintiff / PW.1, coupled with above referred documentary evidence go to show that the plaintiff's name was "Ramesh K." and he has changed the name from "Ramesh K." to "Rethvick". Hence, the plaintiff has proved that his name was "Ramesh K." and he has 9 O.S.749/2014 changed the name from "Ramesh K." to "Rethvick", accordingly, I answered Issue No.1 in the affirmative. .9. ISSUE NO.2:- The plaintiff has filed this suit against the defendants for declaration to declare his name is "Rethvick" and Mandatory Injunction to direct the defendants to change his name from "Ramesh K." to "Rethvick" in all School, College and official records and costs, etc. The plaintiff having proved that his name was "Ramesh K." and he changed the name from "Ramesh K." to "Rethvick", is entitled for the relief of declaration and Mandatory Injunction as prayed. Hence, the plaintiff is entitled for the relief sought for, accordingly, I answered Issue No.2 in the affirmative.
.10. ISSUE NO.3:- In view of the above reasons and discussion on the above Issues, I proceed to pass the following:10 O.S.749/2014
ORDER Suit of the plaintiff is hereby decreed as under:
It is declared that name of the plaintiff is "Rethvick".
The defendants are directed to rectify plaintiff's name as "Rethvick" in place of "Ramesh K." in his school, college records on payment of requisite fees.
No order as to costs.
Draw decree accordingly.
(Dictated to the Judgment Writer, transcribed by her, the transcript print is corrected and then pronounced by me in the open court on this the 8th day of December 2015).
(JINARALAKAR. B.L.) XL Addl. City Civil & Sessions judge, Bengaluru.
ANNEXURE WITNESSES EXAMINED ON BEHALF OF PLAINTIFF: PW.1 -Rethvick S/o. Sri.M.Krishnamurthy. 11 O.S.749/2014 DOCUMENTS PRODUCED ON BEHALF OF PLAINTIFF: Ex.P.1 Office copy of Legal Notice. Ex.P.2 to Postal Receipts.
Ex.P.8 Ex.P.9 to Postal Acknowledgments.
Ex.P.12
Ex.P.13 Affidavit.
Ex.P.14 Paper Publication in Kannada Newspaper.
Ex.P.15 Paper Publication in English Newspaper.
Ex.P.16 SSLC Marks Card.
Ex.P.17 PUC Marks Card.
Ex.P.18 Degree of Bachelor of Computer
Application Marks Card.
Ex.P.19 MCA 1st Semester Marks Card.
Ex.P.20 Election ID Card.
WITNESSES EXAMINED ON BEHALF OF
DEFENDANTS:
-NIL-
DOCUMENTS PRODUCED ON BEHALF OF
DEFENDANTS:
-NIL-
(JINARALAKAR B.L.)
XL Addl.City Civil & Sessions judge, Bengaluru.