Bangalore District Court
Chaithanya Nadig B.S. S/O. Shankara vs ) The State Of Karnataka on 30 April, 2015
IN THE COURT OF IX ADDL.CITY CIVIL AND
SESSIONS JUDGE AT BANGALORE (C.C.H.5)
Dated: This the 30th day of April 2015
Present: Shri Krishnamurthy B.Sangannanavar,
B.Com.LL.B.,(Special)
IX Addl. C.C & S.J, Bangalore.
O.S. NO.4650/2014
Plaintiff: Chaithanya Nadig B.S. S/o. Shankara
Prasad B.N. Aged about 23 years,
Residing at Muniswamy Shetty layout,
Near Ganesh Temple, Hoodi,
Mahadevapura, Bangalore 48.
[By Smt.Manjula Jangam, advocate]
-Vs-
Defendants: 1) The State of Karnataka, Depart-
ment of Education Rep. by its Secretary
M.S.Building, Ambedkar Veedi,
Bangalore 560 001.
2) The Deputy Director of Public
Instruction, Bangalore North, K.G.Road
Bangalore 09.
3) Karnataka State Secondary
Examination Board, 5 th Cross,
Malleshwaram, Bangalore 560 003.
4) The Controller, State Board of
Examination, Khashalya Bhavan,
Banneghatta Road, Bangalore 29.
2 O.S.No.4650/14
5) The Principal, SEA Industrial
Training Centre, Vigro Nagar Post,
Bangalore 49.
6) The Head Master, S.M. High School,
Basavanna Nagar, Mahadevapura,
Hoodi Post, Bangalore 32.
(Exparte)
Date of institution of the suit 23.06.2014
Nature of the suit Declaration
Date of commencement of 20.4.2015
recording the evidence
Date on which the judgment 30.04.2015
was pronounced
Total duration : Day/s Month/s Year/s
07 10 00
JUDGMENT
This is a suit filed by plaintiff to declare that his name Chaithanya Nadig B.S. be changed as Diganth S.N. in SSLC marks card and college records.
2. On facts, case of the plaintiff is pleaded below:
He submits that he is the son of Mr.Shankara Prasad B.N. and Smt.Gayathri B.N. He was born 3 O.S.No.4650/14 on 3.4.1991. He was named as Chaithanya Nadig B.S. by their parents and elders of the family. He joined school with the same name. However, as per astrology and numerology the letters in his name as Chaithanya Nadig B.S. was not favorably to him. He studied in S.M. High School, passed his SSLC exam in the year 2008 and obtained 49.28% by scoring 308 marks. He was surprised to his marks in the marks card although he was intelligent but scored fewer marks and in the future, there was no progress in his personal life.
So, he approached an astrologer who is also numerologist suggested to change his name as Diganth S.N. which would suit to his planets. In this regard, an affidavit was sworn in before a notary on 24.2.2014 which came to be published in daily newspaper - The New Indian Express on 26.2.2014. He caused legal notice on all the defendants. When they failed to comply with notice, approached Court to declare that his name as Diganth S.N. in place of Chaithanya Nadig B.S.
3. The defendants 1 to 6 are placed exparte.
4 O.S.No.4650/144. The plaintiff in order to prove his case examined himself as P.W.1 and through him; Exs.P-1 to P-12 documents got marked.
5. After closure of evidence on his behalf, having heard the learned counsel on record for the plaintiff, now the following points arise for consideration of this court:
(1) Whether plaintiff is entitled for a decree to change his name from Chaithanya Nadig B.S. to Diganth S.N. as prayed?
(2) What order?
6. The findings on the above points are recorded as under:
Point No.1 : In the Affirmative
Point No.2 : As per final order,
for the following:
REASONS
7. Point No.1: The plaintiff herein is aged 23 years and as per Ex.P-1 SSLC certificate recorded his date of birth 3.4.1991. He is the son of Smt. Gayathri B.N. and Shankara Prasad B.N. His name has been recorded Chaithanya Nadig B.S. He has reiterated plaint averments that name which has 5 O.S.No.4650/14 been recorded in the records of defendants as Chaithanya Nadig B.S. is not suit to his astrology and numerology or in other words to say planets as such, he only after completion of his SSLC has approached the Astrologer and numerologist, was suggested to change his name as Diganth S.N. and with such name his future would be better. Whatever may be his name, he is the son of Smt.Gayathri B.N. and Shankar Prasad B.N.
8. On the contrary, defendants herein have not only failed to reply the legal notice marked as per Ex.P-7 dated 24.3.2014 but they failed to participate in the suit proceedings before the Court. In other words to say that they failed to deny the evidence of P.W.1. Under such circumstances, considering the age, his evidence, coupled with Ex.P-1 original SSLC certificate, Ex. P-2 Provisional National Trade Certificate, Ex.P-3 Adhar card issued by Unique Identification Authority of India, he is Chaithanya Nadig B.S., S/o. Shankar Prasad B.N. and now he intends to change his name as advised by astrologer and numerologist as Diganth S.N. for his better prospects which cannot be denied by the court on account of delay or the age as he is already 6 O.S.No.4650/14 attained majority. It is to be noted that by permitting the plaintiff to change his name as prayed in the opinion of the court would not prejudice either defendants or any third parties or the public at large. It is important to note here that as per Ex.P-5, he has sworn in before notary to that effect on 24.2.2014 and the said fact has been published in daily newspaper as per Ex.P-6 in The New Indian Express dated 26.2.2014, as such viewed from any angle, it cannot be said that rapport of the plaintiff in seeking relief would be one with malafide intention or with an ulterior motive. In this view of the matter, this Court in exercise of S.34 of the Specific Relief Act, 1963 inclined to declare that he is entitled for change of his name from Chaithanya Nadig B.S. to Diganth S.N. as such, finding on this point would be record without saying in the affirmative.
9. Point No.2: In view of the above finding and in the result, this court passes the following:
O R D E R The suit of the plaintiff is hereby decreed with no order as to cost.
(a) It is hereby declared that name of plaintiff is changed from Chaithanya 7 O.S.No.4650/14 Nadig B.S. to Diganth S.N. and he is the son of Smt.Gayathri B.N. and Shankar Prasad B.N.
(b) The defendants are directed to effect necessary corrections in their records with name Diganth S.N. in place of Chaithanya Nadig B.S. by collecting fee if any.
(c) Draw a decree accordingly.
(Dictated to the J.W., transcribed by her, corrected and then pronounced by me in the open court, on this the 30th day of April 2015).
(Krishnamurthy B.Sangannanavar) IX Addl. City Civil & Sessions Judge, Bangalore.
A N N E X U R E List of witnesses examined for plaintiff:
P.W.1 Chaithanya Nadig B.S. List of witnesses examined for defendants:
Nil List of documents exhibited for plaintiff:
Ex.P-1 SSLC certificate
Ex.P-2 Provisional National Trade
Certificate
8 O.S.No.4650/14
Ex.P-3 Adhar card
Ex.P-4 Bank pass book
Ex.P-5 Affidavit
Ex.P-6 Paper publication
Ex.P-7 Copy of legal notice
Ex.P-8 Postal receipts
Ex.P-9 to 11 Postal acknowledgements Ex.P-12 Postal endorsement List of documents exhibited for defendants:
Nil IX Addl. City Civil & Sessions Judge, Bangalore.