Bangalore District Court
Smt. R. Manjula vs The Principle Secretary on 23 May, 2022
KABC010047722022
IN THE COURT OF THE VII ADDL. CITY CIVIL AND
SESSIONS JUDGE, (CCH NO.19), BENGALURU
Dated : This the 23 rd day of May, 2022.
PRESENT
Smt.S.G.SUNITHA, BSc. , LLB.,
VII Addl. City Civil & Sessions Judge,
Bengaluru.
O.S.No.1208/2022
Plaintiff : Smt. R. Manjula
Aged about 41 years,
D/o C. Rajanna,
R/at No.92/1, 15th Cross,
1st Main Road, Near Ever Bright
School, Bapuji Nagar,
Government Electric Factory,
Bengaluru - 560 026.
(By Sri. P.R. Dhananjaya., Advocate)
V/S
Defendants : 1. The Principle Secretary
Government of Karnataka
Vidhana Soudha,
Ambedkar Vidhi,
Bengaluru - 560 001.
2. The Chief Secretary
Department of Education,
The State of Karnataka
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001.
3. The Sub-ordinate Secretary
Department of Education,
The State of Karnataka
2 O.S.No.1208/2022
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001.
4. The Commissioner
Pub Instructions
New Public Officer,
Nrupathunga Road,
Bengaluru - 560 001.
5. The Deputy Director
Public Instructionos,
Bengaluru North District,
K.G. Road, Bengaluru - 560 001.
6. The Block Education Officer
North-II, Malleshwaram,
Bengaluru - 560 003.
7. The Director
Higher Secondary Education
Board (HSEB) (KSEB) (SCVE)
Malleshwaram,
Bengaluru - 560 003.
8. The Registrar
Bengaluru University
Jynabharathi Complex,
Mysore Road,
Bengaluru - 560 056.
9. The Registrar
Annamalai University
DDE Building,
Annamalainager,
State of Tamil Nadu - 608 002.
(D1 to 9 - Ex.Parte)
Date of institution of suit 16-02-2022
Nature of the suit Declaration and Injunction
Date of commencement of
19-04-2022
recording of evidence
3 O.S.No.1208/2022
Date on which Judgment was
23-05-2022
pronounced
Total duration Days Months Years
07 03 00
JUDGMENT
This is a suit filed by the plaintiff seeking the declaration of name of the plaintiff from "R. MANJULA" to "VINUTA" and to issue mandatory injunction against the defendants to incorporate the necessary details school records, SSLC Transfer Certificate, SSLC Marks Card, PUC Marks Card, Degree Marks Card, MSC Marks Cards, appointment Letter and other public records with immediate effect as the plaintiff is "VINUTA" instead of "R. MANJULA"
and grant other reliefs in the interest of justice and equity.
2. The brief facts of the plaintiff's case is as follows;
The plaintiff was born on 09.06.1980 and now the plaintiff is working as Assistant Professor at Government Science College, at Nrupathunga Road, Bengaluru and as on the date, the plaintiff is originally named as R.Manjula and name of the plaintiff was reflected in the school, College records as R.Manjula and on this name only, she obtained the State and Central Government Issued identification cards, including Pan Card, Passport, Adhar Card, Voter Card & etc. At present the plaintiff is working as Assistant Professor at Government Science College, Nrupathunga Road, Bengaluru and she is permanent resident of Bengaluru as stated in the cause title address and birth name of the plaintiff is "R.MANJULA". But, name of the plaintiff is mentioned /recoded in the school records and other testimonial cards as R.MANJULA for official purposes and which included opening 4 O.S.No.1208/2022 and operating Bank accounts and filing IT returns, property transactions etc. The plaintiff herein is intended to change her name from R.Manjula to VINUTA, because as per the Horoscope, her earlier name is/was not suitable for her future carrier. Hence, in month of December 2020, the plaintiff herein approached an astrologer and the astrologer suggested to change her name as VINUTA. In this regard, the plaintiff herein is intent to change her name from R.Manjula to VINUTA in future for all practical purpose in all school records, SSLC marks card, PUC marks card, Decree Marks Cards, MSC Marks Cards and other certificates belongs to the plaintiff as per the Horoscope. Since, earlier name of the plaintiff is/was not suitable for her future carrier and immediately she brought the same to the notice of the college authorities and other competent authorities to change of her name and requested them to change of her name and mentioned as her new name as VINUTA in all her testimonials i.e., school records, SSLC Transfer Certificate, SSLC Marks Card, PUC Marks Card, Decree Marks cards, MSC Marks cards, appointment Letter and other records, but the authorities told her to obtain a decree from the competent court of law and then to approach them. The plaintiff herein want to change her name from R.Manjula to VINUTA as the said name suitable for date of birth, time and as per the advice of the Astrologer for a bright future and good health to the plaintiff. In the above circumstances, the plaintiff is constrained to approach this court for change of her name from R.Manjula to VINUTA in all her testimonials i.e., school records, SSLC Transfer Certificate, SSLC Marks Card, PUC Marks Card, Decree Marks cards, MSC Marks cards, appointment Letter and other records. Hence this suit by 5 O.S.No.1208/2022 seeking judgment and decree as declare that, name of the plaintiff to be changed as "VINUTA" and the said changed name shall reflect in records of the defendants. As per the Government Notification dated 06.03.1998 court decree is must to change of caste, name and date of birth etc. In this regard, on 07.02.2021, the plaintiff has sworn to an affidavit before Notary at Bengaluru to change of her name from R.Manjula to VINUTA and same has published on 09.02.2021 in THE NEW INDIAN EXPRESS daily Morning English news paper and also at VARTHA BHARATHI daily Morning Kannada news paper and after that, the plaintiff approached the defendants to change of her name and the defendants have refused to change of her name and directed her to get decree from this court. That on 03.12.2021, the plaintiff got issued a legal notice through her counsel to the defendants for compliance of the statutory requirement of provision of section 80 of the Code of Civil Procedure through R.P.A.D, the said notices sent through R.P.A.D were served on the defendants. The plaintiff herein is learnt that, court decree is must for change of name as per the notification considering any change of the name, caste or date of birth etc without any option, plaintiff filed this suit. The cause of action for the suit arisen on 07.02.2021, when the plaintiff intent to change her name as VINUTA and on 03.12.2021, the plaintiff herein caused the notice to the defendants and subsequent days and this court has got jurisdiction to try this suit.
3. On issuance of suit summons, defendant No.1 to 9 remained absent and hence, placed ex-parte.
6 O.S.No.1208/20224. Plaintiff to establish her claim got examined herself as PW.1 and got marked as many as 29 documents as per Exs.P1 to P29.
5. I have carefully scrutinized the entire records before me. Heard the arguments.
6. The points that arise for my consideration are:
1. Whether the plaintiff is entitled for reliefs against defendants as prayed ?
2. What order or decree?
7. My answer to the above point are as under:
Point No.1 : In the Negative Point No.2 : As per final order, for the following:
REASONS
8. POINT No.1 : To substantiate her case, plaintiff got examined herself as PW.1 and got marked 29 documents. Ex.P1 to Ex.P29. Ex.P1 is the notarized copy of aadhar card, Ex.P2 is the notarized copy of PAN card, Ex.P3 is the notarized copy of Voter ID card, Ex.P4 is the notarized copy of identity card issued by the Government Science College, Ex.P5 is the notarized copy of SSLC marks card, Ex.P6 is the notarized copy of PUC marks card, Ex.P7 is the notarized copy of First year degree marks card (2 in number), Ex.P8 is the notarized copy of Second year degree marks card, Ex.P9 is the notarized copy of First year degree marks card, Ex.P10 is the notarized copy of master degree first year, Ex.P11 is the notarized copy of mater degree Second year, Ex.P12 is the notarized copy of degree convocation, Ex.P13 is the notarized copy of master degree convocation, Ex.P14 is 7 O.S.No.1208/2022 the notarized copy of marks card of Annamalia University along with provisional certificate, Ex.P15 is the notarized copy of faculty of Science by Annamalia University (Ex.P1 to 15 originals perused and returned), Ex.P16 is the police verification certificate, Ex.P17 is the residential certificate, Ex.P18 is the job certificate, Ex.P19 is the endorsement, Ex.P20 is the interview letter, Ex.P21 is the selection list dated 12.06.2007, Ex.P22 is the selection letter dated 29.12.2007, Ex.P23 is the notification, Ex.P24 is the paper publication (4 in numbers), Ex.P25 is the letter by the astrologer, Ex.P26 is the name change affidavit, Ex.P27 is the legal notice, Ex.P28 is the 9 postal receipts and Ex.P29 is the unclaimed RPAD along with 3 acknowledgements and 6 track consignments.
9. On consideration of above facts it is seen that plaintiff praying for declaration of change of name on SSLC Transfer Certificate, SSLC Marks Card, PUC Marks Card, Degree Marks Card, MSC Marks Cards, appointment Letter and other public records. To be noted Ex.P5 notarized copy of SSLC marks card is dated april 1995 & Ex.P12 notarized copy of degree convocation dated 19.12.2000, Ex.P13 notarized copy of master degree convocation dated 24.1.2003, Ex.P14 is the notarized copy of marks card of Annamalia University along with provisional certificate dated may 2005 & may 2006 respectively, Ex.P15 notarized copy of faculty of Science by Annamalia University (Ex.P1 to 15 originals perused and returned) dated 4.10.2006, Ex.P21 the selection list dated 12.06.2007, Ex.P22 the selection letter dated 29.12.2007, Ex.P18 the job certificate dated 13.3.2021 wherein said that plaintiff working in the said college since 8 O.S.No.1208/2022 23.9.2009. From the above documents it is seen that plaintiff had completed her education and in job from a decade and now on Ex.P25 letter by the astrologer dated 15.9.2021 said to have changed her name to VINUTA and said to have taken Ex.P24 paper publication (4 in numbers), Ex.P26 name change affidavit dated 7.2.2021 and praying for declaration and mandatory injunction for the same on reason that cause of action arose on 07.02.2021 the date of name change affidavit and on 3.12.2021 date of issue of legal notice which clearly barred under Article 58 of Limitation Act which is 3 years as plaintiff is praying for change of name in her school and college records which are of 2 decade old and said plaintiff is in job from over a decade now. Under such circumstances, I answer point No.1 in the Negative.
10. POINT NO.2: In view of my findings on point No.1, I proceed to pass the following:
ORDER The suit of the plaintiff is hereby dismissed.
No order as to cost.
Draw decree accordingly.
*** (Dictated to the Stenographer on computer and print out taken by him, revised, corrected, signed and then pronounced by me in open Court today the 23 rd day of May, 2022).
(S.G.SUNITHA) VII.ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU.9 O.S.No.1208/2022
ANNEXURE Witnesses examined on behalf of Plaintiff:
PW.1 : R. Manjula Witness examined on behalf of Defendants:
-Nil-
Documents marked on behalf of Plaintiff:
Ex.P.1 Notarized copy of the aadhar card
Ex.P.2 Notarized copy of PAN card
Ex.P.3 Notarized copy of Voter ID card
Ex.P.4 Notarized copy of identity card issued by
the Government Science College
Ex.P.5 Notarized copy of SSLC marks card
Ex.P.6 Notarized copy of PUC marks card
Ex.P.7 Notarized copy of First year Degree
marks cards (2 in number)
Ex.P.8 Notarized copy of Second year degree
marks card
Ex.P.9 Notarized copy of First year degree
marks card
Ex.P.10 Notarized copy of master degree First
year
Ex.P.11 Notarized copy of Master Degree
Second year
Ex.P.12 Notarized copy of degree convocation
Ex.P.13 Notarized copy of Master degree
convocation
Ex.P.14 Notarized copy of marks card of
Annamalia University along with
provisional certificate
Ex.P.15 Notarized copy of faculty of science by
Annamalia Univesity (Ex.P1 to 15
originals perused and returned)
Ex.P.16 Police verification certificate
Ex.P.17 Residential certificate
Ex.P.18 Job certificate
Ex.P.19 Endorsement
Ex.P.20 Interview Letter
Ex.P.21 Selection list dated 12.06.2007
10 O.S.No.1208/2022
Ex.P.22 Selection letter dated 29.12.2007 Ex.P.23 Notification Ex.P.24 Paper publication (4 in number) Ex.P.25 Letter by astrologer Ex.P.26 Name change affidavit Ex.P.27 Legal notice Ex.P.28 9 Postal receipts Ex.P.29 Unclaimed RPAD along with 3 acknowledgements and 6 track consignments.
Documents marked on behalf of Defendants:
- Nil -
(S.G.SUNITHA) VII ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU.