Bangalore District Court
Sri.Harshiv Modi vs The Chief Secretary on 1 February, 2020
IN THE COURT OF THE XIX ADDL. CITY CIVIL &
SESSIONS JUDGE AT BANGALORE CITY: (CCH.18)
Dated this the 1st day of February, 2020.
Present
Present SRI.DINESH HEGDE, B.A.,LL.B.,
XIX ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE CITY.
O.S.NO.3255/2019
PLAINTIFF: Sri.Harshiv Modi,
s/o Adithya Modi,
aged about 16 years,
r/at No.29/2,
60 ft Road, Sanjaynagar,
RMV Extension 2nd Stage,
Bengaluru-560 094.
Since plaintiff is minor,
Rep.by his father as natural guardian
Sri.Adithya Modi,
s/o Ashok Modi,
aged about 43 years.
(By Sri.V.Bharath Kumar, Advocate)
-VS-
DEFENDANTS: 1.The Chief Secretary,
Educational Department,
Govt.of Karnataka,
Vidhana Soudha,
Bangalore-560 001.
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O.S.No.3255/2019
2. The Deputy Director of
Public Instruction,
Bengaluru North, K.G.Road,
Bengaluru-560 009.
3. The Commissioner/The Registrar,
(Births and Deaths)
Bruhat Bengaluru Mahanagara Palike,
Hudson Circle,
Bengaluru-560 001.
4. The Principal,
Vidyaniketan School,
No.30, Kempapura,
Hebbal,
Bengaluru-560 024.
5. The Principal,
Buddhi School,
#1 & 2, Dasarahalli Extn.,
H.A.Farm Post,
Opp.Sobha Moonstone,
Bengaluru-560 024.
6. Regional Passport Officer,
Regional Passport Office,
8th Block, 80 ft Road,
KHB Games Village,
Koramangala,
Bengaluru-560 095.
7. Deputy Director General,
Unique Identification Authority of India,
Regional Office,
Khanija Bhavan,
No.49, 3rd Floor, South Wing,
Race Course Road,
Bengaluru-560 001.
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O.S.No.3255/2019
(D.1 & D.2 - By Smt.Shantha
B.Mullur, Addl.Dist.Govt.Pleader)
(D.3 to D.6 - Exparte)
(D.7 - In person)
Date of Institution of the suit : 25/4/2019
Nature of the Suit : Declaration
Date of commencement of recording
of evidence : 9/1/2020
Date on which the Judgment was
pronounced : 1/2/2020
Year/s Month/s Day/s
Total Duration : 00 09 06
(Dinesh Hegde)
XIX ADDL.CITY CIVIL & SESSIONS JUDGE,
BANGALORE CITY.
JUDGMENT
Since plaintiff is a minor, represented by his father/natural guardian has filed this suit against defendants for the relief of declaration to declare his 4 O.S.No.3255/2019 name as "Harshiv Modi" instead of "Harshit Modi" and to direct the defendants to change the name of plaintiff accordingly in their records i.e., birth certificate, educational records and other records maintained by them and to issue corrected SSLC marks card in his favour.
2. The case of plaintiff in nutshell is that:-
The plaintiff is a minor and he is the son of Smt.Divya Modi and Sri.Adithya Modi and he was born on 14/11/2003 and he was named as "Harshit Modi" and the same was recorded in his birth certificate. The plaintiff has studied up to 9th Standard in the defendant No.5 Buddhi School, B'lore and thereafter, he has studied 10th Standard in defendant No.4 Vidyaniketan School, B'lore. The plaintiff has obtained the passport from the defendant No.6 in which the name of the plaintiff is shown as "Harshit Modi" . Thus, the name of the plaintiff is shown as "Harshit Modi" in all his school and public records etc. As per the advice of the 5 O.S.No.3255/2019 astrologer, the parents of the plaintiff decided to change his name as "Harshiv Modi" instead of "Harshit Modi". In this regard, plaintiff's father has sworn an affidavit. When plaintiff approached the defendants to change his name as "Harshiv Modi" instead of "Harshit Modi" in their records, they refused to change the same and advised the plaintiff to approach the competent civil court to obtain decree from the said court. Inspite of issuance of legal notice dtd:22/1/2019 to the defendants, they failed to comply the demand made by plaintiff. Hence, plaintiff was constrained to file this suit against the defendants for the relief of declaration of his name and for directions to defendants as prayed in the plaint and prays to decree the suit.
3. Inspite of service of suit summons, defendant No.3 to 6 have remained absent and failed to appear before this court. Hence, defendant No.3 to 6 were placed exparte. The defendant No.7 appeared in person.
4. The defendant No.1 & 2 appeared through their 6 O.S.No.3255/2019 counsel and defendant No.2 filed his detailed written statement by contending that the suit of the plaintiff is not maintainable either in law and on facts. He has contended that as per the particulars furnished by the parents of the student which were supported by documents will be entered in school records during admission and the same will be continued and reflected in student's school and educational records. As per the Circular issued by the Commissioner of Education Department, there is no provision to change the student's name in the school records. Admittedly, there is no fault of the defendants in the above case, as the plaintiff himself willing to change his name. The plaintiff has not followed any legal procedures of change the student's name by swearing affidavit and by giving paper publication. The suit is barred by limitation as the suit is filed by the plaintiff after a lapse of considerable time. On this ground also, the suit is liable to be dismissed. There is no cause of action for the suit and 7 O.S.No.3255/2019 the alleged cause of action is imaginary. Hence, prays to dismiss the suit with exemplary costs.
5. Based on the above pleadings, the following issues were framed:-
ISSUES
1. Whether the plaintiff is entitled for declaration of his name as "Harshiv Modi"
instead of "Harshit Modi"
2. Whether the plaintiff is also entitled for the mandatory injunction against the defendants as to the plaintiff's name as "Harshiv Modi" instead of "Harshit Modi"
3. Whether the plaintiff is entitled for the reliefs as prayed?
4. What order or decree?
6. On behalf of minor plaintiff, his father and natural guardian by name Aditya Modi is examined as P.W.1 and marked Ex.P.1 to Ex.P.19. Inspite of providing opportunities, defendant No.1 & 2 failed to cross- examine P.W.1. Hence, cross-examination of P.W.1 was taken as "Nil" and since defendant No.1 & 2 remained absent, defendants' evidence was also taken as "Nil" 8
O.S.No.3255/2019 and posted the case for arguments.
7. Heard the arguments and perused the records and written arguments filed by the counsel for the plaintiff.
8. My findings on the above issues are as follows :-
Issue No.1:- In the Affirmative;
Issue No.2:- In the Affirmative;
Issue No.3:- Partly in the Affirmative; [[[[ Issue No.4:- As per the final order for the following:-
REASONS
9. ISSUE No.1 & 2 :- Both these issues are taken up together for discussion as they are inter-related to each other.
10. It is the case of plaintiff that he is a minor and son of Smt.Divya Modi and Sri.Adithya Modi and he was born on 14/11/2003 and was named as "Harshit Modi"
and the same was recorded in his birth certificate. The plaintiff has studied up to 9th Standard in the defendant No.5 Buddhi School and studied 10 th Standard in 9 O.S.No.3255/2019 defendant No.4 Vidyaniketan School, B'lore. In all his educational records and public records like passport and Aadhar card, his name was continued as "Harshit Modi".
As per the advice of the astrologer, the parents of the plaintiff decided to change his name as "Harshiv Modi"
instead of "Harshit Modi". In this regard, plaintiff's father has sworn an affidavit. When plaintiff approached the defendants to change his name as "Harshiv Modi"
instead of "Harshit Modi" in their records, they refused to change the same and advised the plaintiff to approach the competent civil court to obtain decree from the said court. Inspite of issuance of legal notice dtd:22/1/2019 to the defendants, they failed to comply the demand made by plaintiff. Hence, plaintiff was constrained to file this against the defendants for the relief of declaration of his name as prayed in the plaint.
11. In support of his claim, P.W.1 has produced the birth certificate of plaintiff at Ex.P.1, letter issued by the Buddhi school at Ex.P.2, Receipt issued by Vidyanikethan 10 O.S.No.3255/2019 school at Ex.P.3 reveal the name of plaintiff as "Harshit Modi". Ex.P.4 is the affidavit sworn by the plaintiff's father with regard to change of name of plaintiff as "Harshiv Modi" instead of "Harshit Modi" and Ex.P.5 & Ex.P.6 newspaper publication in that regard. Ex.P.7 is the office copy of the notice dtd:22/1/2019, Ex.P.8 to Ex.P.13 are the 6 postal receipts for having sent the notice and Ex.P.14 to Ex.P.19 are the 6 postal track consignment for having delivered the notice.
12. The learned counsel for the plaintiff has relied on the following:-
1. Twenty Fourth Report of Law Commission of Karnataka with regard to change of name -
Amendment to the Registration of Births & Deaths Act, 1969.
2. (1993) 1 SCC 645 in "Unni Krishnan.J.P. & Ors. V/s State of Andhra Pradesh".
3. AIR 1989 SC 549 in "Ramsharan Autynuprasi v/s Union of India"
4. Judgment passed by the Hon'ble High Court of Karnataka in RFA.No.1357/2012 dtd:23/9/2013 in "Sri Saveen Shivaputra Nari @ Saveen Nari @ Saven v/s Karnataka Secondary Education Examination Board & others".
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O.S.No.3255/2019
5. Judgment passed by the Hon'ble High Court of Karnataka in RFA.No.322/2013 dtd:10/12/2013 in "Gunda Naika.P.S. v/s The State of Karnataka and others".
6. Judgment passed by the XI Addl.City Civil & Sessions Judge, B'lore City in O.S.No.8569/2013 dt:16/4/2015 in "Subodhaanandateerthakatti v/s State of Karnataka and others".
7. Bye-Laws Governing Examinations and Certification 2012 set down by National Institute of Open Schooling.
8. Circular/Official Memorandum No.4(4)/57/259/AKR/ 2014-E&U passed by Unique Identification Authority of India dtd:18/12/2018.
9. Passport Rules, 1980 Sch.III(B)
13. On perusal of the above decisions, it is clear that a person gets his name changed from prevailing to different name and the changed name can be altered in the educational records if the party has obtained declaration from the competent court. It was also held that following the astrology, religion and customs and change of name is not for any purpose, but it is in the best interest of the plaintiff and in order to build up his 12 O.S.No.3255/2019 future career, he intends to change his name and there is no oblique motive on the part of the plaintiff in seeking change of his name from existing name in school records. The above decisions shows that there is no embargo to the plaintiff to file the suit for declaration to change his name.
14. On perusal of the oral evidence of P.W.1 and the contents of the documents produced by plaintiff particularly, birth certificate, letter and receipt issued by the school marked at Ex.P.1 to Ex.P.3 reveal the name of plaintiff as "Harshit Modi". Ex.P.4 to Ex.P.6 affidavit and newspaper publications reveal that plaintiff's father has sworn an affidavit and given paper publication with regard to change of plaintiff's name. Declaration for seeking change of name is the civil right and statute recognized in society. It is his will and wish.
15. In spite of issuance of summons, defendant No.3 to 6 failed to appear before court, hence, they were placed exparte. The defendant No.7 appeared in person. Even 13 O.S.No.3255/2019 though defendant No.1 & 2 appeared through their counsel and filed their written statement to contest the suit, in spite of providing sufficient opportunities, they failed to cross-examine P.W.1 and to adduce their evidence to defend their case. In the absence of rebuttal evidence from defendants, there is no reason to disbelieve or discard the evidence of P.W.1 and the documents produced by plaintiff. So, the claim of plaintiff has remained unchallenged.
16. Further, my attention is drawn to Circular bearing No.ED 106 D.T.I.93(B) dtd: 17/2/1998 issued by Karnataka Govt. Secretariat, Vidhana Soudha, Bangalore, in which it is informed to Commissioner of Public Instructions that any person seeking any change in his name, father's name, adopted father's name, date of birth or caste should obtain a decree in a competent court of law only to effect his prayer and the school authorities are directed to send only such prayers with decree from court and close all 14 O.S.No.3255/2019 remaining proceedings on the file.
17. In this regard, Govt.has taken proper cognizance that the person seeking change of name, date of birth must secure court decree impliedly suggesting for change of name of person as civil right and court can direct the relevant concerned authorities to change or alter the name or date of birth etc only by seeking decree of the court.
18. In view of the discussions made above, I inclined to hold that plaintiff has proved issue Nos.1 & 2 and hence, he is entitled for the relief of declaration and direction to defendants as prayed in the plaint. Hence, I answer issue No.1 & 2 in the affirmative.
19. ISSUE No.3:- Once, the defendants corrected the name of the plaintiff in the records maintained by them, the plaintiff is at liberty to obtain the same from the defendants by paying necessary fees. In view of findings on Issue No.1 & 2, plaintiff is partly entitled for 15 O.S.No.3255/2019 the relief of declaration and direction. Hence, I answer Issue No.3 in the Partly in the Affirmative.
20. ISSUE No.4:- In view of findings on issue No.1 to 3, I pass the following:-
ORDER The suit of the plaintiff is partly decreed. Name of plaintiff is hereby declared as "Harshiv Modi" instead of "Harshit Modi"
Consequently, defendants are hereby directed to change the name of plaintiff accordingly in his birth certificate, school records, passport, Aadhar card and other records maintained by them.
Under the facts and circumstances of the case, parties are directed to bear their own costs.
Draw decree accordingly.
[ (Dictated to the Judgment Writer, transcribed and computerized by her, corrected by me in computer and then pronounced by me in the open Court on this the 1 st day of February, 2020.) (Dinesh Hegde) XIX ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY.16
O.S.No.3255/2019 ANNEXURE I. List of witnesses examined on behalf of :
(a) Plaintiff's side :
P.W.1 - Aditya Modi
(b) Defendants' side : - Nil -
II. List of documents exhibited on behalf of :
(a) Plaintiff's side :
Ex.P.1 Birth certificate of plaintiff
Ex.P.2 Letter issued by the school
Ex.P.3 Receipt
Ex.P.4 Affidavit
Ex.P.5 & Ex.P.6 2 newspapers
Ex.P.7 Office copy of the notice
dtd:22/1/2019
Ex.P.8 to Ex.P.13 6 postal receipts Ex.P.14 to Ex.P.19 6 postal track consignment
(b) Defendants' side : - Nil -
(Dinesh Hegde) XIX ADDL.CITY CIVIL & SESSIONS JUDGE BANGALORE CITY.
GVU/-
17
O.S.No.3255/2019 Judgment pronounced in open court vide separate detailed judgment with the following operative portion:-
ORDER The suit of the plaintiff is partly decreed. Name of plaintiff is hereby declared as "Harshiv Modi" instead of "Harshit Modi"
Consequently, defendants are hereby directed to change the name of plaintiff accordingly in his birth certificate, school records, passport, Aadhar card and other records maintained by them. Under the facts and circumstances of the case, parties are directed to bear their own costs. Draw decree accordingly.
(Dinesh Hegde) XIX ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY.