Bangalore District Court
Smt. Sanvika Nidi Gowda vs ) The State Of Karnataka on 5 March, 2020
1
O.S. No.7017/2018
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 5th DAY OF MARCH 2020
PRESENT : SRI. R.Y. SHASHIDHARA, B.Com., LL.B,
II Addl. City Civil & Sessions Judge, Bengaluru
O.S.No.7017/2018
Plaintiff: Smt. Sanvika Nidi Gowda,
(Previously called as Mangala
Gowramma. N @ Mangala Gowri.N),
W/o Praveen Kumar N.
R/at No.583/602, 6th Cross,
2nd Main, 2nd stage,
Opposite Shree Krishna Temple,
Kanteeravanagar, Nandini Layout,
Bengaluru - 560 096.
(By Sri KV, Advocate)
Vs.
Defendants:- 1) The State of Karnataka
Chief Secretary,
Education Department,
Vidhanasoudha,
Bengaluru.
2) The Secretary,
Karnataka Secondary
Education Examination
Board, Government of
2
O.S. No.7017/2018
Karnataka, 6th Cross,
Malleshwaram,
Bengaluru-560 003.
3) The Director,
Department of Pre-University
Education,
Government of Karnataka,
18th Cross, Sampige Road,
Malleshwaram,
Bengaluru - 560 003.
4) The Vice Chancellor,
The Bengaluru University,
Bengaluru.
State of Karnataka,
Bengaluru.
5) Head Master,
K.N. Geeta High School,
Kanteerava Nagar,
Nandini Layout,
Bengaluru 560 096.
6) Head Master,
Harijana Girijana Primary
School,
Near Ambhabavani Temple,
Kanteerava Nagar,
Nandini Layout,
Bengaluru 560 096.
(D-1 to 6 - Exparte)
---------------------------------------------------------------------
Date of Institution of the suit : 25.09.2018
Nature of the suit (suit on : Declaration of change of
name
pronote, suit for declaration
and possession, suit for
injunction etc,)
3
O.S. No.7017/2018
Date of the commencement : 20.02.2020
of recording of the evidence
Date on which the Judgment : 05.03.2020
was pronounced
Year/s Month/s Day/s
Total duration : 01 05 10
----------------------------------------------------------------------
(R.Y. Shashidhara)
II Addl. City Civil and Sessions Judge,
& Special Judge, Bangalore.
JUDGMENT
This suit filed by the plaintiff declaring that her name as Sanvika Nidi Gowda. Directing the defendants to change the name of plaintiff as Sanvika Nidi Gowda from Mangala Gowramma.N @ Mangala Gowri.N in all her school and College records.
.2. In the plaint, it is stated that, the plaintiff was born on 27.02.1991 and in the naming ceremony her name called as Mangala Gowramma.N @ Mangala Gowri.N. The said name entered in her educational and other records. She has completed her B.Com degree. In all educational and other records her name mentioned as Mangala Gowramma.N @ 4 O.S. No.7017/2018 Mangala Gowri.N. It is stated that the plaintiff has been suffering from continued ill health for the last several years. Hence, as per advise of her elders, well-wishers and family members, she consulted the Astrologer and as per suggestion of Astrologer, she changed her name as Sanvika Nidi Gowda. On 03.04.2017 she sworn the affidavit for change of her name and on 01.06.2017 it was published in the Sanjevani Kannada daily and on 02.06.2017 in Indian Express English daily, Bengaluru. She got issued legal notice to the defendants and prayed for to make necessary corrections in her name in the school and College records. The defendants 3, 5 and 6 gave reply and not fruitful answer to the plaintiff for change of her name. The defendant No.2 issued reply and they wanted the court decree or gazetted copy for change of her name in the records. Hence, the plaintiff constrained to file this suit and prayed for decree.
.3. After service of suit summons, the defendants 1 to 6 have not appeared before this court and placed exparte. Hence the case posted for plaintiff's evidence.
.4. To prove her case, the plaintiff examined herself as PW.1. Documents got marked Ex.P.1 to 31.
5
O.S. No.7017/2018 .5. Heard the arguments.
.6. The following points that would arise for my consideration:
1) Whether the plaintiff proves that she has changed her name as Sanvika Nidi Gowda in the place of Mangala Gowramma.N @ Mangala Gowri.N ?
2) Whether the plaintiff is entitle for relief's as prayed for?
3) What order or decree?
.7. My answers to the above points are as under:
Point No.1 : In the affirmative,
Point No.2 : In the affirmative,
Point No.3 : As per final order,
for the following:
R E A S ON S
.8. Points 1 and 2: These two points are inter-
connected. Therefore, for the purpose of avoiding repeated
discussion, I have taken up these points together for consideration.
.9. PW.1 in her examination-in-chief reiterated the averments of the plaint and stated that she was born on 27.02.1991 and in the naming ceremony her name called as 6 O.S. No.7017/2018 Mangala Gowramma.N @ Mangala Gowri.N. The said name entered in her educational and other records. She has completed her B.Com degree and in all her educational and other records her name mentioned as Mangala Gowramma.N @ Mangala Gowri.N. She further stated that she has been suffering from continued ill health for the last several years. Hence, as per advise of her elders, well-wishers and family members, she consulted the Astrologer by name Nikitha Sudha Anjan, a proprietor of Vedika Nadi Astrology Study Center. The Astrologer has drawn a kundali and suggested her to change of name. Therefore, as per suggestion of Astrologer, she has changed her name as Sanvika Nidi Gowda in the place of Mangala Gowramma.N @ Mangala Gowri.N. She further stated that on 03.04.2017 she sworn the affidavit for change of her name and on 01.06.2017 it was published in the Sanjevani Kannada daily and on 02.06.2017 in Indian Express English daily, Bengaluru. She further stated that she got issued legal notice to the defendants and prayed for to make necessary corrections in her name in the school and College records. After receipt of the said notice, the 7 O.S. No.7017/2018 defendants 3, 5 and 6 gave reply and not changed her name. Hence, PW1 prayed for passing of decree.
.10. To prove her case, the plaintiff has produced several documents and got marked in the evidence. Ex.P.1 to 12 are the notarized copies of SSLC marks card, ration card, Aadhaar card, progress report issued by Karnataka Harijana Girijana Higher Primary School, PUC marks card, convocation certificate and degree marks cards belongs to the plaintiff. (At the time of evidence, this court seen the original of Ex.P.1 to 12 and marked) In Ex.P.1 to 12, the name of plaintiff mentioned as Mangala Gowramma.N. Ex.P.13 is the certificate issued by Astrologer. Ex.P.14 is the Residence certificate issued by the President, Adakamaranahalli Gram panchayath in the name of Sanvika Nidi Gowda. Ex.P.15 is the affidavit dated 03.04.2017 sworn by the plaintiff and changed her name as Sanvika Nidi Gowda in the place of Mangala Gowramma.N. Ex.P.16 and 17 are the paper publications published in the New Indian Express English daily dated 02.06.2017 and Sanjevani kannada daily dated 01.06.2017 for change of plaintiff's name. Ex.P.18 to 21 are 8 O.S. No.7017/2018 the office copies of legal notices dated 22.02.2018 got issued by the plaintiff to the defendants 1 to 3. Ex.P.22 and 23 are the legal notices dated 31.08.2018 got issued by the plaintiff to the defendants 5 and 6. In Ex.P.18 to 23 the plaintiff requested the defendants to change her name as Sanvika Nidi Gowda in the place of Mangala Gowramma.N @ Mangala Gowri.N in all her school and college records. Ex.P.24 are 6 postal receipts for sending legal notices to the defendants. Ex.P.25 to 28 are the postal acknowledgments addressed in the names of defendants 1, 3 to 5. Ex.P.29 is acknowledgment issued by defendant No.4 for receiving letter of the plaintiff for change of her name. Ex.P.30 is the letter dated 05.09.2018 issued by the defendant No.6 to the BEO, North Range-1, Rajajinagara, Bengaluru-10 for seeking procedure to change the name of plaintiff in the school records. Ex.P.31 is the reply dated 01.03.2018 got issued by the defendant No.3 to the plaintiff's counsel and directed to contact the Deputy Director, Bengaluru for change of plaintiff's name.
9
O.S. No.7017/2018 .11. From perusal of the same, I am of the opinion that case of the plaintiff is supported by oral and documentary evidence. The defendants 1 to 6 have not appeared before this court and resisted the case of the plaintiff. From the above, I come to the conclusion that, the plaintiff has proved that after the birth, in her naming ceremony, her name called as Mangala Gowramma.N @ Mangala Gowri.N. Accordingly her name entered in all school and college records. She further proved that due to her ill health, she consulted the Astrologer and as per the advise of her elders, well wishers and family members, she has changed her name as Sanvika Nidi Gowda in the place of Mangala Gowramma.N @ Mangala Gowri.N. She sworn the affidavit before the Notary for change of her name and it was published in Kannada and English daily newspapers. The plaintiff got issued statutory notice to the defendants and called upon them to change her name as Sanvika Nidi Gowda in the school and College records. Hence, I come to the conclusion that, the plaintiff is entitle for the relief of declaration that her name as Sanvika Nidi Gowda. She is entitle for relief to direct the defendants authorities to change her name as Sanvika Nidi Gowda from 10 O.S. No.7017/2018 Mangala Gowramma.N @ Mangala Gowri.N in her primary school, High school, Pre-university and degree records. Hence, I come to the conclusion that, suit of the plaintiff is liable to be decreed. From looking into the facts and circumstances of the case, there is no order as to cost. Hence, I answer points 1 and 2 in the affirmative.
.12. Point No.3: In view of my findings to the above points 1 and 2, I proceed to pass the following:
O R DE R Suit of the plaintiff is decreed.
It is declared that name of the plaintiff as Sanvika Nidi Gowda.
It is directed the defendants Authorities to change the name of plaintiff in all her school and college records as Sanvika Nidi Gowda in the place of Mangala Gowramma.N @ Mangala Gowri.N. No 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 5th day of March, 2020.) 11 O.S. No.7017/2018 (R.Y. Shashidhara) II Addl. City Civil and Sessions Judge, & Spl. Judge, Bangalore.
A NN E X U R E
1. WITNESSES EXAMINED FOR THE PLAINTIFF :
P.W.1 : Smt. Sanvika Nidi Gowda
2. DOCUMENTS MARKED FOR THE PLAINTIFF:
Ex.P.1 Notarized copy of SSLC marks card of plaintiff Ex.P.2 Notarized copy of Ration card of plaintiff Ex.P.3 Notarized copy of Aadhaar card of plaintiff Ex.P.4 Notarized copy of progress card of plaintiff issued by defendant No.5 Ex.P.5 Notarized copy of PUC marks card of plaintiff Ex.P.6 Notarized copy of Degree certificate of plaintiff Ex.P.7 to 6 Notarized copies of Degree marks card of 12 plaintiff Ex.P.13 Certificate issued by Astrologer Ex.P.14 Domicile certificate issuedby Grama panchayath Ex.P.15 Affidavit dated 03.04.2017 sworn by plaintiff for change of name Ex.P.16 Paper publication for change of plaintiff's name published in the New Indian Express English Daily dated 02.06.2017 Ex.P.17 Paper publication for change of plaintiff's name published in Sanjevani Kanndada daily dated 01.06.2017 Ex.P.18 to 4 office copy of legal notice dated 22.02.2018 21 12 O.S. No.7017/2018 Ex.P.2 & 2 office copy of legal notice dated 31.08.2018 23 Ex.P.24 6 postal acknowledgments Ex.P.25 to 4 postal acknowledgments 28 Ex.P.29 Acknowledgment dated 17.09.2018 issued by defendant No.4 Ex.P.30 Letter dated 05.09.2018 by defendant No.5 to the BEO Ex.P.31 Reply dated 01.03.2018 issued by defendant No.3
3. WITNESSES EXAMINED FOR THE DEFENDANTS:
Nil
4. DOCUMENTS MARKED FOR THE DEFENDANTS:
Nil (R.Y. Shashidhara) II Addl. City Civil and Sessions Judge, Bangalore.