Bangalore District Court
Ashwini.B. D/O vs Government Of Karnataka on 26 April, 2016
Form No.9
(Civil) Title
Sheet for
Judgment
in Suits
R.P. 91
PRESENT: SRI S.H.HOSAGOUDAR,
B.Sc.,LL.B.,[Spl]
XXVII Additional City Civil Judge
C/c XVI Additional City Civil
Judge, Bangalore City.
Dated this the 26th day of April 2016
PLAINTIFF: ASHWINI.B. d/o
U. Basavaraju
W/o K.S.Manjunath Gowda,
Aged about 28 years,
Residing at No. 296,
Annapurna, 8th "A" Main,
4th Block, Koramangala,
Bangalore-560 034.
Also at Kodihalli (v)
Jadigehalli Hobli,
Hosakote (T)
Bangalore Rural Dist.
[By Sri Chandrashekara Reddy, D.V, Advocate]
/v e r s u s/
DEFENDANTS: 1. GOVERNMENT OF KARNATAKA
Rep: by its Chief Secretary,
Vidhana Soudha,
Ambedkar Veedi,
Bangalore, Karnataka.
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2. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, Nrupatunga Road, Bangalore District, Karnataka.
3. THE HEAD MASTER/MISTRESS Assumption Eng. Higher Primary School, II Block, Rajajinagar, Bangalore-10.
4. THE HEAD MISTRESS/ MASTER Sri Vani Girls High School, No.447, 'N' block, Rajajinagar, Bangalore North-10.
5. THE SECONDARY EDUCATION EXAMINATION BOARD, 5th Cross, Malleshwaram, Bangalore, Karnataka.
6. THE PRINCIPAL Seshadripuram Composite Pre-University College, Bangalore-20.
7. THE DIRECTOR, Department of Pre-University Education, 18th Cross, Malleshwaram, Bangalore, Karnataka.
8. THE PRINCIPAL MOUNT CARMEL COLLEGE, Department of Commerce, Vasanthnagar, Bangalore, Karnataka.
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9. THE REGISTROR/ VICE CHANCELLOR, Bangalore University, Gnanabharathi Campus,Nagarabhavi, Bangalore, Karnataka.
10. THE OFFICE OF THE BHARATIYA VIDYA BHAVAN's Rajendra Prasad Institute of Communication and Management, Unit No.2, Bhavan's Campus, Andheri West, MUMBAI-400 058.
11. THE REGISTROR, Bhavan's Harilal Bhagwathi College of Communication and Management, Race Course Road, Bangalore-02.
D1,D2,D4 to D11 -Exparte D3 - By Head Master.
Date of institution of the : 9/12/2015 suit Nature of the suit : For declaration and injunction Date of commencement of : 28/1/2016 recording of the evidence Date on which the : 26/4/2016 Judgment was pronounced.
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: Year/s Month/s Day/s Total duration - 4 17 (S.H. Hosagoudar) XXVII ACCJ: B'LORE.
Plaintiff has filed this suit against the defendants to declare her name as AARIDHRA RAJ instead of ASHWINI.B by directing all the defendants to change and mutate the plaintiff's name as AARIDHRA RAJ in all their official records pertaining to the plaintiff.
2. In brief, the plaintiff's case is as under:
Plaintiff submits that her earlier name was ASHWINI.B and the same was entered in her educational records. Now, as per the advice of astrologer, her parents have changed her name as AARIDHRA RAJ instead of ASHWINI.B. Therefore, she has requested the defendants to change her name in her educational records as AARIDHRA RAJ instead of ASHWINI.B by issuing legal notices. But, they have refused to do so. Hence this suit. 5 CT0028_O.S._10033_2015_Judgment_ .
3. In response to the summons issued by the Court, defendant no.3 appeared and filed memo stating her no objection to the case of plaintiff, whereas other defendants did not appear and contest the case of plaintiff. Hence, they are placed exparte.
4. Thereafter, plaintiff in order to prove her case, got examined herself as PW.1 and got marked Ex.P1 to Ex.P38 documents and closed her side of evidence.
5. Heard arguments for plaintiff and perused the entire records of the case.
6. On perusal of the records of the case, the following points arise for my consideration:
(1) Whether the plaintiff proves that as per the advice of the astrologer, her parents have changed her name as AARIDHRA RAJ instead of ASHWINI.B and the same is liable to be rectified?
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(2) Whether the plaintiff is entitled for the reliefs sought for in the suit?
(3) What order or decree
7. My findings on 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:
8. POINT NO.1 & 2: Now I will consider both the points together for the sake of brevity and convenience.
9. In this case, plaintiff examined herself as PW.1. She filed affidavit evidence in lieu of her examination in chief. In her examination in chief, she reiterated the plaint averments. She produced in all 38 documents which are marked as Ex.P1 to Ex.P38. 7 CT0028_O.S._10033_2015_Judgment_ .
10, I have perused the entire evidence on record. From the evidence on record, it is much clear that, plaintiff has studied primary and higher primary studies at Assumption English Higher Primary school and completed 7th standard at defendant no.2 school.
Further, plaintiff also studied PUC and Degree. At the time of studying, the parents of the plaintiff has given her name as ASHWINI.B d/o Basavaraju. U until completion of her graduation. Thereafter, she has searched for jobs in various placed. But, she could not get suitable job. Thereafter, the parents of the plaintiff approached astrologer and astrologer has given a suggestion to the parents that if name of the plaintiff has been changed as AARIDHRA RAJ instead of ASHWINI.B, then she could have better future in her life. Hence, evidence on record clearly shows that as per advice of the astrologer plaintiff has changed and declared her name as AARIDHRA RAJ by swearing an affidavit on 9/7/2009.
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11. Further, evidence on record clearly shows that plaintiff got marriage with one K.S.Manjunathagowda on 28/6/2010. Thereafter, she intend to change her name in passport also for which she was sworn one more affidavit on 10/9/2015 and given advertisement in Kannadaprabha Kannada daily newspaper and Indian Express English newspaper.
Hence, from the evidence on record it is much clear that under the changed circumstances for better future plaintiff got changed her name as AARIDHRA RAJ instead of ASHWINI.B.
12. Further, evidence on record clearly shows that, plaintiff has issued notice to the defendants requesting them to change her name as AARIDHRA RAJ instead of ASHWINI.B. But, they failed to change her name as AARIDHRA RAJ in place of ASHWINI.B. Hence, from the evidence on record, it is much clear that, plaintiff has already changed her name as AARIDHRA RAJ as per the advice of astrologer for her 9 CT0028_O.S._10033_2015_Judgment_ .
bright future. Therefore, plaintiff is entitled for the relief as sought for. Accordingly, I answer points 1 and 2 in the affirmative.
13. POINT NO.3: From my above discussions and reasoning, the suit of the plaintiff deserves to be decreed. In the result, I pass the following:
The suit of the plaintiff is hereby decreed.
It is declared that name of the plaintiff is AARIDHRA RAJ Further, it is hereby directed the defendants to enter the correct name of the plaintiff as AARIDHRA RAJ instead of ASHWINI.B in all the educational and official records pertaining to the plaintiff.
Under the facts and circumstances of the case, there is no order as to costs.
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Draw decree accordingly.
*** [Dictated to the Judgment Writer directly on computer, Script corrected, signed and then pronounced by me, in the Open Court on this the 26th day of April 2016.] [S.H. HOSAGOUDAR] C/c XVI Additional City Civil Judge.
BANGALORE.
1. List of witnesses examined on behalf of the Plaintiff/s:
PW.1 Ashwini.B.
2. List of witnesses examined on behalf of the Defendant/s:
NIL.
3. List of documents marked on behalf of the Plaintiff/s:
Ex.P 1 SSLC marks card;
Ex.P 2 1st PU marks card
Ex.P 3 2nd PU marks card
Ex.P 4
To B.Com Marks cards
Ex.P 12
Ex.P 13 Degree Certificate
Ex.P 14 Diploma Marks Cards
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Ex.P 15 Marriage Invitation Card Ex.P 16 Marriage Certificate Ex.P 17 To Hindi Exam Marks cards Ex.P 19 Ex.P 20 News Paper dated 14/12/2009 Ex.P 21 News Paper dated 13/9/2015 Ex.P 22 English News Paper dated 13/9/2015 Ex.P 23 Legal Notice Ex.P 24 Postal receipts Ex.P 25 To Postal acknowledgements Ex.P 33 Ex.P 34 Endorsement given by defendant no.2 Ex.P 35 Reply given by defendant no.8 Ex.P 36 Letter issued by defendant No.10 Ex.P 37 B.Com Marks card Ex.P 38 P.G. Marks card
4. List of the documents marked for the defendants:
Nil.
[S.H. HOSAGOUDAR] C/c XVI Additional City Civil Judge.
BANGALORE.
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...Judgment pronounced in the Open Court....
(Vide separate detailed judgment) The suit of the plaintiff is hereby decreed.
It is declared that name of the plaintiff is AARIDHRA RAJ Further, it is hereby directed the defendants to enter the correct name of the plaintiff as AARIDHRA RAJ instead of ASHWINI.B in all the educational and official records pertaining to the plaintiff.
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Under the facts and circumstances of the case, there is no order as to costs.
Draw decree accordingly.
[S.H. HOSAGOUDAR] C/c XVI Additional City Civil Judge.
BANGALORE.
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