Bangalore District Court
B.N.Sujatha vs State Of Karnataka on 26 February, 2015
IN THE COURT OF XL ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-41) AT BENGALURU.
Dated this the 26th day of February 2015.
PRESENT
SRI.JINARALAKAR. B.L.,
B.A., LL.B. (Spl.)
XL Addl. City Civil & Sessions Judge, Bengaluru.
O.S.NO.1420/2014
PLAINTIFF: B.N.SUJATHA,
D/o. Sri.B.Nagaraj,
Aged about 42 years,
R/o. No.16, "Evergreen House",
Kanakana Palya Road,
Basavanagudi,
Bengaluru-560 004.
(By Sri. P.R.Pashupathi, Adv.)
-VS-
DEFENDANTS: 1. STATE OF KARNATAKA,
Rep. by its Under Secretary,
Education Department,
Multistoried Buildings,
Bengaluru-560 001.
2. DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS,
Bengaluru South District,
Kalasipalya, Bengaluru.
3. THE HEAD MASTER,
Rastreeya Vidyalaya Girls'
High School, Jayanagar,
Bengaluru-560 011.
2 O.S.1420/2014
4. THE SECRETARY,
Karnataka Secondary Education
Examination Board, Malleshwaram,
Bengaluru-560 003.
5. THE PRINCIPAL,
Vijaya College, South End,
R.V. Road, Bengaluru-560 004.
6. THE DIRECTOR,
Pre-University Board,
18th Cross, Malleshwaram,
Bengaluru.
7. THE REGISTRAR,
Bengaluru University,
Central College Campus,
Dr.B.R.Ambedkar Veedhi,
Bengaluru-560 001.
(D-1, 2 & D4 :By 4th ADGP)
(D3, 5 to 7 : Exparte.)
*****
i) Date of Institution 19.02.2014
of the suit.
ii) Nature of the suit. Mandatory Injunction.
iii) Date of the
commencement of 01.12.2014
recording of
evidence.
iv) Date on which
the judgment was 26.02.2015
pronounced.
v) Total Duration Year/s Month/s Days
01 -- 07
***
3 O.S.1420/2014
JUDGMENT
The plaintiff has filed this suit against the defendants for Mandatory Injunction to direct the defendants to rectify/incorporate name of her natural father-B.Nagaraja in place of name of adopted father-Kittaiah, in her school and college records, etc. .2. The averments of the plaint in brief are:
Sri.B.Nagaraja and Smt.Nagarathnamma S. are the natural parents of the plaintiff. The plaintiff has passed SSLC examination from High School of 3rd defendant, II PUC in Science and Bachelor Degree in Science from the college of 5th defendant. One Sri.Kittaiah-the husband of elder sister of the plaintiff's father who had two male issues, but, no female issues. In this regard, the plaintiff was given in adoption to said Kittaiah as per Hindu customs and she was taken in adoption by the said Kittaiah in the function organized by him in the presence of elders, relatives, well-wishers and friends of both families 4 O.S.1420/2014 and the adoption was reduced into writing by means of registered Deed of Adoption dated 08.02.1988. The fact of adoption has been given effect and the name of adoptive father-Kittaiah has been entered in the school and college records of the plaintiff. Thereafter, the adoptive mother of the plaintiff gave birth to a female child and in view of the same, there arose discriminatory attitude with the adoptive mother. With the forecast that this attitude should not influence over the plaintiff or make a wound on her inner feelings, it has been decided to revoke the adoption and accordingly, the adoptive father of the plaintiff has revoked the adoption by registered Deed of Cancellation of Adoption dated 30.04.1999. For over all welfare and development of the plaintiff, it has become necessary and imperative on her part and her natural parents to restore the name of the natural parents in school and college records. In this regard, the plaintiff and natural parents requested the defendants seeking incorporation of the name of the plaintiff's natural parents in her school/college 5 O.S.1420/2014 records, but, no effective steps were taken by the defendants. The natural father of the plaintiff filed applications to the 2nd and 3rd defendants in this regard. The plaintiff also personally requested the 2nd defendant for incorporation of name of natural parents in her educational records. The defendants have declined to entertain the plea. The plaintiff got issued Legal Notice to the defendants dated 26.11.2013 to rectify the name of her natural father.
The Legal Notices were served on all the defendants, but, the defendants No.1 to 5 and 7 have not taken any effective steps and the defendant No.6 only has issued an Endorsement dated 03.12.2013 informing to approach all the educational institutions, where the plaintiff had studied from 1st Standard to 10th Standard. The plaintiff again approached the defendants in this regard, but, they orally informed to obtain the order from the Civil Court for rectification of the name. Hence, the plaintiff has filed the present suit.
6 O.S.1420/2014.3. The defendants No.3, 5 to 7 did not appear before the Court in spite of service of summons and they placed exparte. In pursuance of summons, defendants No.1, 2 and 4 appeared through learned ADGP and filed written statement stating that the suit filed by the plaintiff is not maintainable either in law or on facts. The plaintiff has filed the suit after lapse of so many years and on this ground, the suit is liable to be dismissed. As per the Circular issued by the Commissioner of Education Department, there is no provision to change the father's name and on this ground also, this suit is not maintainable and prays to dismiss the suit with costs.
.4. On the basis of above pleadings, the following issues framed:
1. Whether the plaintiff proves that she is entitled for the relief of rectification of her natural father's name as B. Nagaraja as prayed?
2. Whether the plaintiff is entitled for the relief sought for?
3. What Order or Decree?7 O.S.1420/2014
.5. In support of the case, the plaintiff herself examined as PW.1, got marked documents at Ex.P.1 to Ex.P.22 and closed the side. The defendants-1, 2 and 4 have not adduced evidence on their behalf. .6. Heard arguments on both sides.
.7. My answers to the above Issues are:
Issue No.1 - Affirmative.
Issue No.2 - Affirmative.
Issue No.3 - As per final order for the following:
REASONS .8. ISSUE No.1: The plaintiff contended that B.Nagaraja and Smt.Nagarathnamma are her natural parents, she was given in adoption to one Kittaiah and it was reduced into writing by means of registered Adoption Deed dated 08.02.1988 and same has been given effect and name of her adoptive father-Kittaiah entered in her school and college records. Further she contended that 8 O.S.1420/2014 thereafter, her adoptive mother given birth to a female child and there arose discriminatory attitude of adoptive mother, with forecast that this attitude should not influence over the plaintiff, it was decided to revoke the adoption and accordingly, her adoptive father has revoked the adoption by registered Deed of Cancellation of Adoption dated 30.04.1999 and it has become necessary to restore the name of her natural parents in her school and college records, etc. In support of the case, the plaintiff herself examined as PW.1, who in her affidavit evidence stated regarding B.Nagaraja and Smt.Nagarathnamma are her natural parents, her studies in school/college, her adoption, same giving effect and entering name of the adoptive father- Kittaiah in her school/college records, thereafter, her adoptive mother giving birth to a female child and there arising discriminating attitude with the adoptive mother, with forecast of this attitude should not influence over the plaintiff, deciding to revoke adoption and her adoptive father revoking the 9 O.S.1420/2014 adoption by registered Deed of Cancellation of Adoption dated 30.04.1999, situation becoming necessary to restore the name of her natural parents in her school/ college records, approach and issuance of Legal Notices to the defendants to rectify the name of her natural father-Nagaraja in her school and college records in place of name of adoptive father-Kittaiah, etc., by reiterating the averments of the plaint and got marked documents at Ex.P.1 to Ex.P.22.
From Ex.P.1-Deed of Adoption dated 08.02.1988 shows that the plaintiff was given in adoption to one Kittaiah. From Ex.P.2-SSLC Marks Card, Ex.P.3 PUC Marks Card shows that the name of the adoptive father-Kittaiah entered therein. From Ex.P.4-Registered Deed of Cancellation of Adoption dated 30.04.1999 shows cancellation of plaintiff's adoption. From Ex.P.7-Office copy of Legal Notice shows that the plaintiff has issued notice to the defendants requesting to rectify her natural father's 10 O.S.1420/2014 name in place of her adoptive father's name in her school/college records. From Ex.P.22-Copy of Representation dated 05.12.2011 shows that the plaintiff's natural father-B.Nagaraja has submitted representation to rectify his name. From Ex.P.20-
Endorsement dated 23.07.2013 and reply dated 03.12.2013 show that the defendants No.2 and 3 declined to rectify the plaintiff's natural father's name in her school records. The defendants No.3, 5 to 7 did not appear before the Court inspite of service of summons and they have not challenged the claim of the plaintiff. Though the defendants No.1, 2 and 4, appeared through ADGP, but, have not adduced rebuttal evidence to disbelieve the case of the plaintiff. Under such circumstances, the Court has to rely on unchallenged version of the plaintiff/PW.1 and the documents produced by her. From the evidence of plaintiff / P.W.1 and documents produced by her go to show that the plaintiff's natural father's name is B.Nagaraja, she has given in adoption to Kittaiah and same was given effect and her adoptive father's 11 O.S.1420/2014 name Kittaiah entered in her school/college records and thereafter due to birth of female child and arising discriminating attitude by her adoptive mother resulting in revocation of adoption by her adoptive father through registered Deed of Cancellation of Adoption dated 30.04.1999 and it has become necessary to restore the name of the plaintiff's natural father-B.Nagaraja in her school records. The plaintiff having proved the same, she is entitled for the relief of Rectification of her natural father's name-B.Nagaraja in her school and college records in place of name of her adoptive father-Kittaiah. Hence, the plaintiff has proved that she is entitled for the relief of Rectification of her natural father's name as B.Nagaraja in her school, college records and accordingly, I answered Issue No.1 in the affirmative.
.9. ISSUE NO.2: The plaintiff has filed this suit against the defendants for Mandatory Injunction to direct the defendants to rectify/incorporate name of 12 O.S.1420/2014 her natural father-B.Nagaraja in place of name of adoptive father-Kittaiah, in her school and college records, etc. The plaintiff having proved that she is entitled for the relief of rectification of her natural father's name as 'B.Nagaraja' in place of name of 'Kittaiah' in her school/college records, she is entitled for the relief of Mandatory Injunction as prayed, accordingly, I answered Issue No.2 in the affirmative.
.10. ISSUE NO.3: In view of the reasons and discussion on the above Issues-1 and 2, I proceed to pass the following:
ORDER Suit of the plaintiff is hereby decreed as under:
The defendants are directed to rectify the name of the plaintiff's natural father as "B.Nagaraja" in place of her adoptive father's name 13 O.S.1420/2014 "Kittaiah" in her school and college records.
No order as to costs.
Draw decree accordingly.
(Dictated to the Judgment Writer, transcribed by her, the transcript print is corrected and then pronounced by me in the open court on this the 26th day of February 2015).
(JINARALAKAR. B.L.) XL Addl. City Civil & Sessions judge, Bengaluru.
ANNEXURE
WITNESSES EXAMINED ON BEHALF OF
PLAINTIFF:
PW.1 -B.N.Sujatha D/o. Sri.B.Nagaraj.
DOCUMENTS PRODUCED ON BEHALF OF
PLAINTIFF:
Ex.P.1 Deed of Adoption dated 08.02.1988.
Ex.P.2 SSLC Marks Card.
Ex.P.3 PUC Marks Card.
Ex.P.4 Deed of Cancellation of Adoption dated
23.04.1999.
Ex.P.5 Endorsement dated 23.07.2013.
Ex.P.6 Office copy of Legal Notice.
Ex.P.7 to Postal Receipts.
Ex.P.13
Ex.P.14 to Postal Acknowledgments.
Ex.P.19
Ex.P.20 Endorsement dated 23.07.2013.
14 O.S.1420/2014
Ex.P.21 Reply dated 03.12.2013 of defendant No.6.
Ex.P.22 Copy of representation dated 05.12.2011 of B.Nagaraj.
WITNESSES EXAMINED ON BEHALF OF
DEFENDANTS:
-NIL-
DOCUMENTS PRODUCED ON BEHALF OF
DEFENDANTS:
-NIL-
(JINARALAKAR B.L.)
XL Addl.City Civil & Sessions judge, Bengaluru.15 O.S.1420/2014
ORDER (SRI.JINARALAKAR B.L.) XL Addl.City Civil & Sessions judge, Bengaluru.
16 O.S.1420/2014