Bangalore District Court
Smt. Dhanalakshmi M.V vs The Chief Secretary on 8 February, 2023
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 XVI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH-12) AT BENGALURU
Dated this the 8th day of February, 2023.
PRESENT:
Smt. Jyothsna. D, LL.B.,LL.M.,
XVI Addl. City Civil & Sessions Judge,
Bengaluru.
ORIGINAL SUIT No.5636/2021
PLAINTIFF: 1. Smt. Dhanalakshmi M.V.,
W/o Lokesh.K.,
Aged about 40 years,
2. Sri. Lokesh.K.,
S/o Krishna Char,
Aged about 50 years,
3. Kum.Gowthami,
D/o Lokesh.K. & Dhanalakshmi M.V.,
Aged about 17 years,
being minor, Represented by the
Plaintif No.1 Smt.Dhanalakshmi M.V.,
who is mother and natural guardian.
(By Shankarappa.G.B.-Advocate)
-VERSUS-
DEFENDANTS: 1. The Chief Secretary,
Government of Karnataka,
Vidhanasoudha,
Bengaluru -560 001.
2. The Secretary,
Department of Education,
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O.S. No.5636/2021
M.S.Building, Dr. B.R.Amedkar Veedi,
Bengaluru 560 001.
3. The Secretary,
Karnataka Secondary Education
Examination Board, Malleshwaram,
Bengaluru -560 003.
4. The Deputy Director,
Department of Public
Instructions, Doddaballapura Main
Road, Vishwanathpura, Devanahalli,
Bengaluru -562 123.
5. The Block Education Officer,
Nelamangala, B.H.Road,
Jyothinagar - 562 123.
6. The Principal/Headmistress,
Ebenezer St.Thomas English Medium
High School, Danojipalya,
Nealamangala Taluk,
Rural Bengaluru -562 123.
7. Sri. B.G.S.World School,
No.112, Nagarur Village,
Dasanpura Hobli,
North Bengaluru - 562 123.
(D.1 to 5 by Sri. Suresh,
Dist. Government Pleader ,
Defendant No.6 & 7 placed exparte)
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Date of Institution of the Suit : 21.10.2021
pronote, Suit for declaration
and possession, Suit for injun-
ction etc,)
Date of the commencement : 18.01.2023
of recording of the evidence
Date on which the Judgment : 08.02.2023
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Cont'd..
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O.S. No.5636/2021
Year/s Month/s Day/s
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Total duration : 01 year, 03 months, 18 days
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(JYOTHSNA. D)
XVI Addl. City Civil & Sessions Judge,
Bengaluru .
JUDGMENT
The Plaintif has filed this suit against the defendants for seeking declaratory relief to declare the name of the Plaintif No.3 as 'Ashvika Shalini Achar, D/o Lokesh.K and Smt. Dhanlakshmi.M.V.', instead of 'Gowthami.L. D/o Lokesh.K and Dhanalakshmi.M.V.' in all the school records and other future records of the plaintif and accordingly direct defendants to change the name of the Plaintif 'Ashvika Shalini Achar, D/o Lokesh.K and Smt. Dhanlakshmi.M.V.', instead of 'Gowthami.L. D/o Lokesh.K and Dhanalakshmi.M.V.' in all her school records by way of mandatory injunction and for other consequential reliefs.
2. The brief facts of the Plaintif's case are that- Cont'd..
4
O.S. No.5636/2021 The Plaintif by name Gothami.L. D/o Lokesh K. and Smt.Dhanalakshmi M.V., was the student of defendant No.5 school during the year 2010-11 to 2019-2020, passed 9th standard and now studying in 10 th standard in the same school. It is further stated that between this period in the year 2016 and 2017, taken admission in the 6th defendant school for 6 th standard. At the time of admission to the school, the Plaintif's parent gave their daughter's name as 'Gowthami.L. D/o Lokesh.K and Dhanalakshmi. M.V.'. It is further stated that the plaintif's family believes in God and astrology and as per the suggestion of the Astrologer, the Plaintifs No.1 & 2 have changed their daughter's name from 'Gowthami.L.' to 'Ashvika Shalini Achar'. In this regard, the Plaintifs have sworn to an affidavit before the Notary on 20.07.2021 and made paper publication one in Kannada daily 'Varthabharathi' on 23.07.2021 and in English Daily 'Indian Express' on 24.07.2021. It is further stated that the Plaintifs got issued legal notice dated 02.08.2021 to all the defendants calling upon them to Cont'd..
5
O.S. No.5636/2021 change the name of the plaintif No.3 as 'Ashvika Shalini Achar, D/o Lokesh.K and Smt. Dhanlakshmi.M.V.', instead of 'Gowthami.L. D/o Lokesh.K and Dhanalakshmi.M.V.'. Hence, the Plaintifs have filed this suit and prayed to decree the suit.
3. After service of summons, defendants No.1 to 5 appeared through District Government Pleader. The defendant No.4 filed written statement and the defendants No.1 to 3 & 5 filed a Memo adopting the written statement filed by the defendant No.4. In spite of service of suit summons, the defendant Nos.6 & 7 remained absent and hence, they are placed exparte.
4. In the written statement, the defendants No.1 to 5 have contended that the suit of the Plaintif is not maintainable either in law or on facts. The suit is filed after lapse of so many years and on this ground alone, the suit is liable to be dismissed. It is further contended that as per the circular issued by the Commissioner of Education Department, there is no provision for change of the name of Cont'd..
6
O.S. No.5636/2021 3rd Plaintif and on this ground also, the suit is liable to be dismissed. Accordingly, prayed for dismissal of the suit.
5. On the basis of the pleadings, the following issues have been framed-
1. Whether plaintif proves that the name of Smt.Gowthami.L D/o Lokesh.K and Smt.Dhanalakshmi M.V., is changed as 'Ashvika Shalini Achar' as per suggestion of the Astrologer as pleaded in the plaint ?
2. Whether plaintif proves that the entries in the school records of the Plaintif No.3 has to be corrected by entering her name as 'Ashvika Shalini Achar D/o Lokesh.K and Dhanalakshmi M.V.', as prayed in the plaint as pleaded in the plaint ?
3. Whether the defendant No.4 proves that suit is not maintainable ?
4. Whether plaintifs are entitled to the reliefs as sought for ?
5. What Order or decree ?
6. In order to prove their claim, the plaintif No.1 got examined herself as PW.1 and got marked the documents as Ex. P.1 to Ex.P.9.
7. On the other hand, the defendants No.1 to 5 though appeared and the said defendants though filed Cont'd..
7
O.S. No.5636/2021 written statement, they have not chosen to adduce any oral/documentary evidence on their behalf.
8. Heard the arguments of both sides.
9. My findings on the above issues are as follows:
Issue No.1 - In the Affirmative
Issue No.2 - In the Affirmative
Issue No.3 - In the negative
Issue No.4 - Partly in the Affirmative Issue No.5 - As per final order, for the following -
REASONS
10. Issue Nos.1 & 2: As these two issues are interlinked, they are taken up together for discussion in order to avoid repetition of facts.
11. Admittedly, this suit is for declaration of the name of the Plaintif No.3 as 'Ashvika Shalini Achar, D/o Lokesh.K and Smt. Dhanlakshmi.M.V.', instead of 'Gowthami.L. D/o Lokesh.K and Dhanalakshmi.M.V.'. and for other consequential reliefs.
Cont'd..
8
O.S. No.5636/2021
12. The plaintif No.1 got examined herself as PW.1 and PW.1 has reiterated the plaint averments. PW.1 has stated that the Plaintif No.3 is her daughter and her name is 'Gowthami.L' and she was the student of defendant No.5 during the year 2010-2011 to 2019- 2020. She has passed 9th standard and now studying in 10th standard in the same school. She has further stated that in the year 2016 and 2017, the plaintif No.3 had taken admission for 6th standard in the 6th defendant school and passed. She has further stated that at the time of admission in the school, the Plaintifs No.1 & 2 had given their daughter's name as 'Gowthami.L', D/o Lokesh.K and Dhanalakshmi.M.V. She has further stated that her family believes in God and Astrology and as per the suggestion of the Astrologer, they have named Plaintif No.3 as 'Ashvika Shalini Achar' instead of 'Gowthami.L'. PW.1 has further stated that to change the name of Plaintif No.3, they sworn to an affidavit before the Notary on 20.07.2021 and also made paper publication in 'Varthabharathi' Cont'd..
9
O.S. No.5636/2021 Kannada daily on 23.07.2021 and in 'Indian Express' English daily on 24.07.2021. They also served legal notice to the defendants calling upon them to change the name of their daughter 'Ashvika Shalini Achar, D/o Lokesh.K and Smt. Dhanlakshmi.M.V.', instead of 'Gowthami.L. D/o Lokesh.K and Dhanalakshmi.M.V.'.
13. In order to substantiate her case, the plaintif No.1 got marked number of documents as Exs.P.1 to P.9. Ex.P.1 is the Aadhaar Card of the Plaintif No.1 wherein her husband's name is shown as 'Lokesh.K' and Ex.P.2 is the Aadhaar Card of Plaintif No.2 K.Lokesh. The address shown in Exs.P.1 and 2 is the same as shown in the cause title. Ex.P.3 and Ex.P.4 are the paper publications regarding change of name of plaintif No.3 from 'Gowthami.L.' to 'Ashvika Shalini Achar'. Ex.P.5 is the Study Certificate of plaintif No.3 showing her name as 'Gowthami.L' D/o Lokesh.K. Ex.P.6 is the Joint Affidavit sworn to by the plaintifs No.1 and 2 before the Notary, for having changed the name of plaintif No.3 as Cont'd..
10
O.S. No.5636/2021 'Ashvika Shalini Achar, D/o Lokesh.K and Smt. Dhanlakshmi.M.V.', instead of 'Gowthami.L. D/o Lokesh.K and Dhanalakshmi.M.V.'. Ex.P.7 is the legal notice dated 02.08.2021 issued to the defendants calling upon them to change the name of the Plaintif No.3 as 'Ashvika Shalini Achar, D/o Lokesh.K and Smt. Dhanlakshmi.M.V.', instead of 'Gowthami.L. D/o Lokesh.K and Dhanalakshmi.M.V.' in all their school records. Ex.P.8 are the 7 postal receipts and Ex.P.9 are the postal acknowledgements for having served the said legal notice on the defendants. On perusal of the said documents, it is clear that the plaintifs have complied with Sec.80 of CPC, by issuing statutory notice to the defendants.
14. Although defendant Nos.1 to 5 filed written statement and denied the case of the Plaintifs, they have not adduced their oral and documentary evidence. So far as the remaining defendants No.6 & 7 are placed exparte. Hence, considering the facts and circumstances of the case and considering no contra evidence by the defendants, Cont'd..
11
O.S. No.5636/2021 Plaintif's mother as PW.1 has proved that as per the advise of the Astrologer, the name of the plaintif No.3 needs to be changed as ''Ashvika Shalini Achar, D/o Lokesh.K and Smt. Dhanlakshmi.M.V.', instead of 'Gowthami.L. D/o Lokesh.K and Dhanalakshmi.M.V.', according to her horoscope. Hence, I answer Issue Nos.1 & 2 in the 'Affirmative'.
15. Issue No.3 :- In the written statement the defendants submitted that the suit is not maintainable either in law or on facts and the suit is barred by law of limitation. But, the office copy of legal notice dated 02.08.2021 that is Ex.P.7, Ex.P.8 postal receipts, Ex.P.9 postal acknowledgements, clearly shows that the statutory notice under Section 80 of the CPC are fully established. In paragraph No.8 of the plaint, it is stated that the cause of action arose on 02.08.2021 when the legal notice was issued to the defendants calling upon them to change the name of the plaintif as ''Ashvika Shalini Achar, D/o Lokesh.K and Smt. Dhanlakshmi.M.V.', instead of 'Gowthami.L. D/o Cont'd..
12
O.S. No.5636/2021 Lokesh.K and Dhanalakshmi.M.V.'. The defendants to disprove these averments, have not stepped into witness box and not adduced their evidence. In view of no-contra evidence, no oral or documentary by the defendants, they have failed to prove that the suit is not maintainable. Hence, this court answered Issue No.3 in the NEGATIVE.
16. Issue No.4 : Now, the question arise before the Court whether the Plaintifs can seek change of name of the Plaintif No.3 as 'Ashvika Shalini Achar, D/o Lokesh.K and Smt. Dhanlakshmi.M.V.', instead of 'Gowthami.L. D/o Lokesh.K and Dhanalakshmi.M.V.'. ' Admittedly Plaintifs have sought for declaration to declare that the name of Plaintif No.3 is ''Ashvika Shalini Achar' in place of 'Gowthami.L'. The nature of relief of declaration is enforcement of their civil right. Since the Plaintifs are Hindu governed under Hindu Law and they are following the Astrologer's words, under such circumstances, whether Plaintifs can seek change of name as a civil right is to be looked into. In this aspect, this court would like to refer the Cont'd..
13
O.S. No.5636/2021 the decision reported in 2010(3) KCCR 2219 (S. Mohammed Tanveer and another V/s. The Commissioner, Bruhat Bangalore Mahanagara Palike, Bangalore and Others).
"CONSTITUTION OF INDIA - Articles 226 & 227 - Writ petition -Correction in names in the birth certificate - Application made by the petitioner to the authorities for rectification of names - Authorities issued endorsement stating corrections cannot be made since the entry has been made at the first instance at the request of the petitioners - Held, Documentary evidence available on record clearly indicate the name of mother and father, but the same have been wrongly indicated in birth certificate
- Authorities not justified in issuing the endorsement as correction cannot be made - To issue appropriate extract".
17. Relating to same proposition of law Hon'ble High Court of Karnataka in the decision reported in 1996(7) KLJ 818 (State of Karnataka V/s. Varadashankar Chinnappa Jawalagi). Wherein lordship has observed as follows:
"if the suit is for enforcement of Civil right accrued to person - jurisdiction of Civil court to entertain such suit - not barred."
Hence, in view of the observation of the Hon'ble High Court and considering the oral and documentary evidence and no contra evidence by the defendants, this court is of the considered opinion that there is no bar to seek change of Cont'd..
14
O.S. No.5636/2021 name of the Plaintif No.3 as ' Ashvika Shalini Achar' in place of 'Gowthami.L' on the basis of her horoscope as per the advise of the Astrologer.
18. The Plaintif has proved that although her name is mentioned in the school records as 'Gowthami.L', but as per her horoscope and advise of the Astrologer, her name is to be corrected as 'Ashvika Shalini Achar' in place of 'Gowthami.L'. When the name 'Ashvika Shalini Achar' is suitable to her horoscope, if the earlier name is continued in her school records, definitely it will cause more inconvenience and injustice will be caused to the Plaintifs. When there is no bar to seek change of name as per their convenience on the basis of the horoscope, there is no bar to declare the name of the Plaintif No.3 as as 'Ashvika Shalini Achar' in place of 'Gowthami.L' , in view of the observation of the Hon'ble High Court of Karnataka in the above said decisions. When the Plaintifs have complied the notice under Sec.80 of CPC and suit of the Plaintifs is maintainable for the relief of declaration, I am of the considered opinion that the Plaintifs are entitled for the relief of declaration as sought for.
Cont'd..
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O.S. No.5636/2021
19. It is true plaintifs have sought to give directions to the defendants to make necessary corrections in all the school records of plaintif No.3. When once the court has declared that the name of the plaintif No.3 as 'Ashvika Shalini Achar' in place of 'Gowthami.L', it is bounden duty of the concerned officers and school authorities to make necessary corrections in all the records and school records of the plaintif No.3, there is no need to give directions to the school authorities to make necessary corrections by way of mandatory injunction separately. If the plaintifs file necessary application for corrections in view of the judgment passed in the above suit, the concerned school authorities shall make necessary corrections and it will not cause any inconvenience or injustice to the defendants. Hence, this court answer Issue No.4 'Partly in the Affirmative'.
20. Issue No.5: For the foregoing reasons and discussions and considering the findings on the above issues, suit of the plaintifs deserve to be decreed partly without costs. Accordingly this Court proceed to pass the following:
Cont'd..16
O.S. No.5636/2021 ORDER The suit of the plaintifs is hereby decreed partly.
It is hereby declared that the name of the plaintif No.3 is 'Ashvika Shalini Achar' in place of 'Gowthami.L'.
No order as to costs.
Draw decree accordingly.
(Dictated to JW on Computer, typed by her, revised by me and after corrections, pronounced in open Court on this the 8th day of February 2023.) (JYOTHSNA. D) XVI Addl. City Civil & Sessions Judge, Bengaluru ANNEXURE
1. WITNESS EXAMINED FOR THE PLAINTIFF:
P.W.1 : Smt. Dhanalakshmi
2. DOCUMENT/S MARKED ON BEHALF OF PLAINTIFF:
Ex.P.1 : Aadhaar Card
Ex.P.2 : Aadhaar Card
Ex.P.3 : Paper publication
Ex.P.4 : Paper Publication
Cont'd..
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O.S. No.5636/2021
Ex.P.5 : Study Certificate
Ex.P.6 : Name Change Declaration Certificate Ex.P.7 : Legal notice dated 02.08.2021 Ex.P.8 : 7 postal receipts Ex.P.9 : 5 postal acknowledgements
3. WITNESS/ES EXAMINED FOR THE DEFENDANTS:
Nil
4. DOCUMENT/S MARKED ON BEHALF OF DEFENDANTS:
Nil (JYOTHSNA. D) XVI Addl. City Civil & Sessions Judge, Bengaluru.
Cont'd..18
O.S. No.5636/2021 08.02.2023 Judgment pronounced in open Court vide separate detailed order. The operative portion is as hereunder:
The suit of the plaintif is hereby decreed partly.
It is hereby declared that the name of the plaintif No.3 is 'Ashvika Shalini Achar' in place of 'Gowthami.L'.
No order as to costs.
Draw decree accordingly.
XVI Addl. City Civil & Sessions Judge, Bengaluru .
Cont'd..