Karnataka High Court
Kumar Atharv S/O. Vishwanath Gundagi vs The Registrar Of Births And ... on 26 February, 2026
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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.103535 OF 2025 (GM-RES)
BETWEEN:
KUMAR ATHARV S/O. VISHWANATH GUNDAGI,
AGE. 11 YEARS, OCC. STUDENT,
SINCE MINOR REPRESENTED BY THE MINOR
GUARDIAN HIS MATERNAL GRAND FATHER
SHASHIKANT S/O. MEGHARAJ MALGATTE,
AGE. 64 YEARS, OCC. BUSINESS,
R/O. #96, UGAR KHURD, TQ. ATHANI,
DIST. BELAGAVI-591316.
...PETITIONER
(BY SRI. GIRISH A.YADAWAD, ADVOCATE)
AND:
THE REGISTRAR OF BIRTHS AND DEATHS
/CHIEF EXECUTIVE OFFICER,
CONTONMENT BOARD, BELAGAVI,
DIST. BELAGAVI-590001.
Digitally signed by ...RESPONDENT
VIJAYALAKSHMI M
KANKUPPI (BY SRI. APOORVA SOMANNAVAR, ADVOCATE)
Location: HIGH
COURT OF THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
KARNATAKA OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF
CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED
02.04.2025 ISSUED BY THE RESPONDENT IN NO.9/SAN/114/CGH 35
VIDE ANNEXURE-H, IN THE INTEREST OF JUSTICE AND EQUITY. B)
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO
CHANGE THE NAME OF PETITIONER AS 'ATHARV V. GUNDAGI' IN THE
REGISTER OF BIRTHS MAINTAINED BY THE RESPONDENT AS AGAINST
THE ORIGINALLY REGISTERED NAME 'KRISHNA V. GUNDAGI' AND TO
ISSUE A FRESH BIRTH CERTIFICATE TO THE PETITIONER, IN THE
INTEREST OF JUSTICE AND EQUITY. C) PASS SUCH ORDER OR
ORDERS WHICH THIS HON'BLE COURT DEEMS FIT AND NECESSARY
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE
INTEREST OF JUSTICE AND EQUITY.
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THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON
12.02.2026, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY,
THE COURT PRONOUNCED THE FOLLOWING:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CAV ORDER
The present writ petition is filed seeking the following
prayer:
"PRAYER
WHEREFORE, it is prayed for this Hon'ble court may be
pleased to:
a) Issue a writ of certiorari to quash the impugned
endorsement dated 02.04.2025 issued by the
respondent in No.9/SAN/114/CGH 35 vide Annexure-
H, in the interest of justice and equity.
b) Issue a writ of mandamus directing the respondent
to change the name of petitioner as 'Atharv V.
Gundagi' in the Register of Births maintained by the
respondent as against the originally registered name
'Krishna V. Gundagi' and to issue a fresh birth
certificate to the petitioner, in the interest of justice
and equity.
c) Pass such order or orders which this Hon'ble court
deems fit and necessary under the facts and
circumstances of the case, in the interest of justice
and equity."
2. It is the case of the petitioner that the petitioner was
born on 17.09.2014 at the Military Hospital, Belagavi. The birth
certificate came to be issued by the respondent showing the
name of the petitioner as "Krishna V.Gundagi". The father of the
petitioner is working in the Indian Army and as a result, the
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parents of the petitioner often reside away from the petitioner
depending upon the posting of the father of the petitioner. The
petitioner is under the care and custody of his maternal
grandfather namely Shashikant Malagatte. Hence, the parents of
the petitioner have executed a Special Power of Attorney in
favour of the maternal grandfather for the purpose of initiating
legal proceedings.
3. It is stated that based on family traditions, the name of
the petitioner was initially named 'Krishna' and the same upon
being informed to the respondent was recorded in the birth
certificate. Subsequently, the parents of the petitioner decided to
officially name the petitioner as 'Atharv'. This change of name
was in the best interest of the child and for his better
identification for the purpose of educational and other official
records. Accordingly, in the school records, the name of the
petitioner is mentioned as 'Atharv V. Gundagi' and not 'Krishna
V. Gundagi'. At the time of taking admission of the petitioner for
4th standard, due to the variation of the name of the petitioner in
the school records in comparison with the birth certificate, there
was difficulty for proceeding further and the parents of the
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petitioner were directed to get the name in the birth certificate
changed. Therefore, the petitioner was advised to file a suit
before the Civil Court seeking declaration with regard to change
of name. Accordingly, the petitioner instituted the suit in
O.S.No.960/2023 against the respondent on the file of the III
Additional Civil Judge and JMFC, Belagavi, seeking a declaration
in that regard.
4. The said suit came to be dismissed by judgment and
order dated 10.11.2023 on the ground of limitation. Aggrieved
by the same, the petitioner preferred regular appeal in
RA.No.19/2024 and the same also came to be dismissed by
judgment and order dated 31.01.2024 confirming the judgment
and decree passed in O.S.No.960/2023. It is submitted that the
suit was filed by the petitioner on the mistaken notion that the
name mentioned in the birth certificate was wrong. The trial
Court and the first appellate Court dismissed the suit on the
ground that, the limitation for seeking a declaration with respect
to change of name is 3 years and the suit is filed beyond the said
period of limitation and the same is not maintainable.
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5. It is submitted that a Co-ordinate Bench of this Court in
case of Master Adhrith Bhat Vs. The Registrar of Births and
Deaths, Udupi City Muncipality Council arising out of
WP.No.6370/2024 dated 06.02.2025 while considering a
similar issue with respect to change of name, after elaborately
considering the provisions of Registration of Births and Deaths
Act, 1969 and the Karnataka Registration of Births and Deaths
Rules, 1999 and having noticed that there is no provision in the
Act or the Rules with respect to change of name of a person has
laid down the procedure at paragraph Nos.25 to 32 thereby
directing the authorities to change the name in the Register of
Births and Deaths after following the said procedure.
6. It is submitted that in the light of the said judgment, the
petitioner approached the respondent by submitting a
representation dated 27.02.2025 requesting to change the name
of the petitioner from 'Krishna' to 'Atharv' in the birth certificate
by narrating the above facts. An affidavit executed by the power
of attorney of the parents of the petitioner was also submitted
along with the said representation in accordance with the order
passed in WP.No.6370/2024. In response to the above said
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representation submitted by the petitioner, the respondent has
issued the impugned endorsement dated 02.04.2025 stating that
the modification of entries in the Register of Births and Deaths
can be made only by virtue of an order of the Court and directing
the petitioner to submit an order of the Court for consideration of
the request. It is stated that respondent ought to have accepted
the request of the petitioner for change of name in terms of the
judgment passed by this Court in WP.No.6370/2024. Aggrieved
by the endorsement dated 02.04.2025 issued by the respondent,
the petitioner has come before this Court.
7. Learned counsel for the petitioner has relied on
paragraph Nos.17 to 36 of the judgment in case of Master
Adhrith Bhat referred supra which reads as follows:
"17. As could be seen from above, Rule 10 provides
that where the birth of any child had been registered
without any name, the parent or guardian of such child
is required to give information regarding the name of
the child within 12 months and thereafter by virtue of
Section 14 of the Act, the entries were required to be
made. The proviso to Rule 10 also states the procedure
to be followed if the information is provided after the
period of 12 months has lapsed but within a period of
15 years from the date of registration.
18. It would therefore be clear that under the Rules, if
no name has been furnished at the time of registration
of the birth, the parent can within an outer limit of 15
years from the date of registration furnish the name of
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the child and ensure that it had been entered in the
Birth Certificate.
19. However, in the instant case, it is stated that the
petitioner's father had given his son a new name and
therefore, the entry in the Birth Register was also to be
modified.
20. There is admittedly no provision under the Act or
the Rules which provide for change of name which is
already registered. This is therefore an obvious
anomaly which would create unnecessary hardship to
the parents or to the child in case they desire to have
the name changed.
21. It is common practice in our country that a person
decides to give himself a new name or that a parent
decides to change the name though he has already
been given a name. In fact, it is a practice in our
country that multiple names are given, but one name is
entered in the records and this, at times, creates
confusion regarding the identity of the person.
22. The Legislature would have to take a view on this
and ensure that the citizens are not put to any hardship
whenever they desire to change their names and
evolve a procedure where the records of that particular
person are also changed simultaneously in all the
public records or at least in the relevant records.
23. In fact, the Law Commission of Karnataka in its 24th
Report1 furnished on 20.07.2013 regarding Change of
Name, suggesting amendments to the Act and the
Rules. However, the Legislature does not appear to
have taken the matter further.
_______________________________
1
Law Commission of Karnataka Twenty Fourth Report, dated
20.07.2013; Re : Change of Name
- Amendment to the Registration of Births and Deaths Act,
1969.
The relevant suggestions AND the recommendation read as
under :
"SUGGESTIONS FOR CONSIDERATION:
(C) Right to change one's name: A person who is known or
described in any manner may give up describing or being
known in that manner and choose any other name"
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(H) Change of name recorded in the birth certificate shall be
made for any of the following
reasons:
(i) bona fide desire of the applicant;
(ii) marriage/remarriage,
(iii) divorce,
(iv) adoption;
(v) religious conversion/re-conversion;
(vi) change of nationality and
(vii) change of sex.
"RECOMMENDATIONS:
29) A) For the reasons stated above, the Commission
recommends to the Government of Karnataka to take steps to
amend the Registration of Births and Deaths Act, 1969 after
due compliance with the provisions of Article 254 of the
Constitution of India, as follows:
"15A. Change of name entered in the Register of
Births & Deaths: Any person whose name is entered
in the Register of Births and Deaths in the State of
Karnataka and whose name is entered in the
Register of Births and Deaths in any other State and
has been staying in the State of Karnataka for a
prescribed period shall be entitled to seek change of
his name in the Register of Births in accordance with
the rules of procedure prescribed by the State of
Karnataka in this behalf."
B) The Commission further recommends that after Section
15A is added it shall frame exhaustive Rules for giving effect
to the said provisions bearing in mind of the suggestions
made by the Commission in paragraph No.28."
24. It would therefore be appropriate for the
Legislature to take necessary action pursuant to the
recommendation of Law Commission in its 24th report.
25. Since there is no provision under the Act or the
Rules for change of name, a piquant situation has
arisen which requires to be resolved in such a manner
that neither authorities nor the applicants are
prejudiced.
26. Since there is no law which prescribes the
procedure for changing the name of a person, it would
be impermissible for the parents of a child to seek for
changing the name that is already registered in the
register of births and deaths until a relevant law is
provided for by the Legislature.
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27. This could be achieved by calling upon the parents
to give a sworn affidavit to the effect that they have
changed the name of the child on their own accord and
the entries in the birth register would be required to be
changed accordingly.
28. On such a request being given, the authorities
should verify the identity of the parents and proceed to
incorporate the changed name in the Register of Births.
29. The authorities, in order to ensure that there is no
attempt to create a record for ulterior purposes, should
make a remark in the register stating that the name of
the child had been changed subsequently pursuant to a
request made by the parents. The register would
therefore have an entry regarding the name which was
originally entered and also a name which was entered
subsequently on their request.
30. If such an endorsement is incorporated in the Birth
Certificate as well, the possibility of any misuse would
also be avoided.
31. In fact, even in respect of an adult who seeks for a
change of name, the same procedure can be adopted.
Since the original name would also be contained in the
register and also the new name, the possibility of this
document being misused for an ulterior purpose can
easily be prevented.
32. Thus, until the appropriate provisions are made
under the Rules by the State in this regard, the
concerned authorities are directed to follow the
aforementioned procedures and permit the change of
name in the Register of Births and Deaths.
33. It has to be noticed here that, since the date of
birth or the date of death and other details would
remain unchanged, there can be no impediment or
reason to prevent the change of name.
34. It is, however, made clear that in case of deaths,
the question of changing the name would not arise and
hence, these directions would be inapplicable.
35. In light of the above, the impugned endorsement
dated 04.11.2023 is quashed. The respondent authority
is hereby directed to change the name of the petitioner
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as Shrijith Bhat in the Register of Births as against the
originally registered name Adhrith Bhat.
36. As already noticed above, necessary endorsement
shall be made in the Register of Births and also in the
Birth Certificate that the original name of Adhrith Bhat
was changed to Shrijith Bhat, as requested in the
application dated 04.11.2023 and issue a fresh Birth
Certificate accordingly."
8. Relying on this judgment, learned counsel for the
petitioner submits that in the interest of the child, when the
parents want to change the name of the child from 'Krishna' to
'Atharv', in the light of the judgment, the respondents ought to
have accepted the request of the petitioner.
9. Learned counsel for the respondents submits that as
there is no provision in the Registration of Births and Deaths Act,
1969, the respondents are not in a position to consider the
request of the petitioner for change of name.
10. Having heard the learned counsels on either side,
perused the entire material on record. The petitioner is 12 years
old and his parents want to change his name from 'Krishna
V.Gundagi' to 'Atharv V.Gundagi'. In the school records, it is
already mentioned as 'Atharv V.Gundagi'. A Co-ordinate Bench of
this Court in Master Adhrith Bhat's case referred supra had
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observed that in fact, the Law Commission of Karnataka in its
24th Report furnished on 20.07.2013 regarding Change of Name,
suggested amendments to the Act and the Rules. It is also
observed that admittedly, when there is no provision under the
Act or the rules for change of name, which is an obvious anomaly
which would create unnecessary hardship to the parents or to
the child in case they desire to have the name changed, issued
slew of directions to the authorities. In the said judgment, it is
observed that the authorities in order to ensure that there is no
attempt to create a record for ulterior purposes, should make a
remark in the register stating that the name of the child had
been changed subsequently pursuant to a request made by the
parents. The register would therefore have an entry regarding
the name which was originally entered and also the name which
was entered subsequently on their request. If such an
endorsement is incorporated in the Birth Certificate as well, the
possibility of any misuse would also be avoided. In the facts and
circumstances of the case where the parents want to change the
name of the child, in the light of the judgment in Master
Adhrith Bhat's case referred supra, this Court is passing the
following:
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ORDER
i. The impugned endorsement dated 02.04.2025 issued by the respondent No.9 is set aside and respondent No.9 is directed to change the name of petitioner as 'Atharv V.Gundagi' in the Register of Births maintained by the respondent as against the originally registered name 'Krishna V. Gundagi' and to issue a fresh birth certificate to the petitioner.
ii. The respondents shall make a remark in the Register of Births about the change of name, pursuant to the request made by the parents and the Register should reflect both the original name and also the present name.
iii. Accordingly, the writ petition is allowed.
iv. All I.As. in this petition shall stand closed.
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JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 2