Bangalore District Court
Smt. Maheshwari.S vs The Commissioner on 8 November, 2021
1 O.S.3881/2021
IN THE COURT OF THE XXV ADDL. CITY CIVIL &
SESSIONS JUDGE
AT BANGALORE CITY - CCH NO.23.
DATED THIS THE 8 th DAY OF NOVEMBER, 2021.
PRESIDING OFFICER
PRESENT : Sri.Mohan Prabhu,
M.A., L.LM.,
XXV ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE.
O.S.No.3881/2021
PLAINTIFF/S: Smt. Maheshwari.S
W/o Vijay M.Uppin,
Aged about 30 years,
R/at No.5, 3 rd floor,
5 th cross, 3 rd main,
Police station road,
Hebbal - 560 024.
(By Sri.MRM, Advocate)
Vs.
DEFENDANT/S: 1. The Commissioner,
Bruhath Bengaluru Mahanagara
Palike,
Bengaluru - 560 002.
2. The Registrar of Births and
Deaths,
2 O.S.3881/2021
Byatarayanapura division,
Yelahanka zone,
Bengaluru - 560 064.
(Exparte)
* * * * *
Date of institution of suit : 28.07.2021
Nature of suit : Declaration
Date of commencement
of recording of evidence : 04.10.2021
Date on which the judgment
was pronounced : 08.11.2021
Duration of the suit :Year/s Month/s Day/s
00 03 11
JUDGMENT
1. The plaintiff has filed this suit against the defendants praying to declare that the name of the plaintiff is Maheshwari.S. and direct the defendants 3 O.S.3881/2021 to change the name of the plaintiff as Maheshwari.S., in the place of Vani Vijay Uppin in the birth certificate of her daughter Khushi Vijay Uppin.
2. The plaint in nutshell as follows:
The plaintiff was married one Vijay M.Uppin on 26.2.2016. Out of their marriage wedlock her daughter born on 14.7.2018 at Soukya Hospital NTI Layout, Bangalore. At the time of admission for delivery the plaintiffs parents have given plaintiffs nick name as Vani to the hospital authorities instead of giving her ame as Maheshwari.S. After discharge from the hospital as the plaintiff has submitted the hospital certificate to the Registrar of Birth and Deaths Byatarayanapura on the basis of the documents furnished by the plaintiff the concerned authority entering the same in the Register has 4 O.S.3881/2021 issued Birth Certificate of plaintiffs daughter Khushi Vijay Uppin and the same is kept in her house. Now the plaintiffs daughter Khushi Vijay Uppin is aged about 2 years 7 months, hence the plaintiff has approached the school authorities for admission of her child and submitted all necessary documents of both child and parents like Birth Certificate, Aadhar card along with other necessary documents. After scrutiny by the concerned staff of the school have informed the plaintiff that her name differs in the Birth Certificate and Aadhar card submitted to school. Then the plaintiff came to know that in the birth certificate of her daughter her name is mentioned as Vani Vijay Uppin instead of mentioning it as Maheshwari.S. After knowing the said mistake when the plaintiff approached the defendant and submitted the requisition along with documents on 5 O.S.3881/2021
3.2.2021 in order to enter the correct name of plaintiff in the Birth certificate of her daughter then the defendants instead of rectifying the name of the plaintiff as Maheshwari.S., in the place of Vani Vijay Uppin has issued an endorsement dated 8.2.2021 to the plaintiff on the ground that full name of the plaintiff cannot be changed in the Births and Deaths Register as per 1969 Act. Thereafter the plaintiff has issued a legal notice dated 2.3.2021 to the defendants under section 80(2) of C.P.C. calling upon the defendants to change the name of the plaintiff in the Birth certificate of her daughter. Despite of service of notice to the defendants the defendants neither replied to the said notice nor changed the name of the plaintiff in the Birth certificate of her daughter. Hence on these grounds the plaintiff prayed to decree this suit.
6 O.S.3881/2021
3. After service of summons the defendants entered appearance by engaging their counsel and resisted the claim of the plaintiff by filing their written statement which is briefly stated as follows:
The suit of the plaintiff is wholly false, frivolous, vexatious and not maintainable either in law or on facts. The averments made in the plaint that plaintiff was married to one Vijay M.Uppin on 26.2.2016 and after their marriage their daughter born on 14.7.2018 at Soukya Hospital NTI Layout, Bengaluru at the time of admission for delivery plaintiffs parents have given plaintiffs nick name as Vani instead of giving her original name as Maheshwari.S. all are not within the knowledge of these defendants and plaintiff is put to strict proof of the same. By way of averments in the plaint that 7 O.S.3881/2021 the plaintiff has obtained the Birth certificate of her daughter by submitting relevant documents itself clearly shows that the BBMP has issued the Birth certificate of her daughter only after verifying the documents as submitted by the plaintiff. The contention of the plaintiff that she has approached the school authorities for admission of her child at that time on verification of documents it was found that her name is differs in birth certificate and Aadhar card, then only she came ot know that in the birth certificate of her daughter her name is found as Vani Vijay Uppin instead of mentioning it as Maheshwari.S., are all created story of the plaintiff.
The contention of the plaintiff is that she submitted requisition along with documents on 31.2.2021 to the defendants seeking for rectification for which the defendants issued an endorsement dated 8.2.2021 to 8 O.S.3881/2021 the plaintiff on the ground that full name of the plaintiff cannot be changed in the Births and Death Register as per 1969 Act are all denied as false. The averments of the plaint regarding issuance of notice and service of the notice is denied. No notice has been served on the BBMP. Only in order to overcome the point of limitation the plaintiff has created false and baseless story i.e., after obtaining the Birth certificate she kept the same in her house. There is no cause of action to file this suit. Hence on these grounds the defendants prayed for dismissal of this suit.
4. Based on the pleadings of the parties the following issues are framed:
(1) Whether the plaintiff proves
that her actual name is
Maheshwari.S?
9 O.S.3881/2021
(2) Whether the plaintiff proves
that in her daughter - Khushi
Vijhay Uppin's birth certificate, her name is wrongly registered as Vani Vijay Uppin instead of mentioning it as Maheshwari.S?
(3) Whether the defendants prove that the suit of the plaintiff is not maintainable ?
(4) Whether the plaintiff is entitled for the relief as prayed for ?
(5) What order or decree ?
5. In support of prove the case of the plaintiff she got examined herself as PW1 and the documents Ex.P1 to Ex.P13 are marked on the side of the plaintiff. The defendants have not stepped into the witness box and also not adduced any documentary evidence.
10 O.S.3881/2021
6. I have heard the arguments on the side of the learned counsel for the plaintiff and the learned counsel for the defendants.
7. My findings to the above issues are as under:
Issue No.1 : In the Affirmative
Issue No.2 : In the Affirmative
Issue No.3 : In the Negative
Issue No.4 : In the Affirmative
Issue No.5 : As per the final order
for the following:
REASONS
8. Issue No.1 and 2: These issues are taken up
together for discussion for the sake of convenience and in order to avoid repetition of facts and evidence.
11 O.S.3881/2021
9. The plaintiff has filed this suit praying to declare that her name is Maheshwari.S., and to direct the defendants to change the name of the plaintiff as Maheshwari.S. in the Birth certificate of her daughter Khushi Vijay Uppin in place of Vani Vijay Uppin. The plaintiff who has examined as PW1 and her examination-in-chief affidavit has reiterated the plaint averments. Since her examination-in-chief is the replica of the plaint averments it need not be reproduced once again except mentioning the gist of evidence. On the side of the plaintiff the documents Ex.P1 to Ex.P13 are marked. The documents Ex.P2 is the notarised attested try copy of the birth certificate of the plaintiff's daughter Khushi Vijay Uppin wherein mother's name is mentioned as Vani Vijay Uppin and father's name is mentioned as Vijay M.Uppin. It is the specific case of the plaintiff is 12 O.S.3881/2021 that her name is Maheshwari.S., but in the birth certificate of her daughter her name is mentioned as Vani Vijay Uppin. PW1 has deposed that while she delivered her daughter at Soukya Hospital, NTI Layout, Bangalore at the time of her admission for delivery her parents have given her nick name as Vani instead of giving her original name as Maheshwari.S. Hence the same got entered in the birth register maintained by the defendants. PW1 has deposed that when she approached the school authorities for admission of her child and submitted all necessary documents at that time after scrutiny by the concerned staff of the school informed her that her name is differs from the birth certificate and Aadhar card. Then she came to know about the mistake in the birth certificate of her daughter. Thereafter when she approached the defendants and 13 O.S.3881/2021 submitted requisition along with the documents on 31.2.2021 to rectify the birth certificate, at that time the defendants have issued an endorsement dated 8.2.2021 refusing to correct the name in the birth certificate of her daughter. In order to substantiate this contention taken by the plaintiff she has produced the document Ex.P9 endorsement dated 8.2.2021 issued by the defendant. PW1 has deposed that thereafter she has issued legal notice dated 2.3.2021 to the defendants under section 80(2) of C.P.C. calling upon the defendants to rectify her name in the birth certificate of her daughter. PW1 has deposed that inspite of receipt of notice dated 2.3.2021 the defendants neither replied to the said notice nor changed her name in the birth register of her daughter. In order to substantiate the contention taken by the plaintiff and to show that she has 14 O.S.3881/2021 issued legal notice dated 2.3.2021 to the defendants and for having served the same to the defendants she has produced and got marked the documents Ex.P10 copy of legal notice dated 2.8.2021 two postal receipts which is marked at Ex.P11 two postal acknowledgements which are marked at Ex.P12 and Ex.P13.
10. PW1 has deposed that her actual name is Maheshwari.S. In order to substantiate this contention taken by the plaintiff she has produced the document Ex.P1 notarised attested true copy of certificate of registration of her marriage with Vijay Uppin on 26.2.2016 wherein her name is mentioned as Maheshwari @ Vani. PW1 has produced the documents Ex.P3 notarised attested true copy of her SSLC marks card wherein her name is mentioned as 15 O.S.3881/2021 Maheshwari.S. She has produced the document Ex.P4 notarised attested true copy of her election identity card wherein he rname is mentioned as Maheshwari.S. The document Ex.P5 is the notarised attested copy of PAN card wherein her name is mentioned as Maheshwari.S., Ex.P6 is the notarised attested true copy of Aadhar card of PW1 wherein her name is mentioned as Maheshwari.S.
11. During the course of cross-examination of PW1 by the defence nothing is elicited from her mouth to suggest that she is not called by name Smt.Maheshwari.S. No doubt in her cross- examination PW1 has admitted the suggestion that particulars regarding her daughter's name, parents name, date of birth and address were all given by them to the defendants. But PW1 has clarified that 16 O.S.3881/2021 while giving her name to the hospital authorities her nick name was entered. The oral evidence of PW1 would indicates that as in the hospital at the time of admission for delivery her nick name was stated. The same name which was entered in the hospital records sent to the defendants, hence for that reason the nick name of the plaintiff was entered in the birth register of her daughter. In the cross- examination of PW1 nothing is elicited from her mouth to show that she is not called by name Maheshwari.S. The oral evidence of PW1 which is supported by the documents Ex.P1, Ex.P3 to Ex.P6 are sufficient to hold that the plaintiffs / PW1 actual name is Maheshwari.S but in the birth register maintained by the defendants regarding plaintiff's daughter the plaintiff's name is wrongly registered as Vani Vijay Uppin instead of mentioning it as 17 O.S.3881/2021 Maheshwari.S. The plaintiff has successfully proved that her actual name is Maheshwari.S. The plaintiff has proved that in her daughter's birth certificate her name is wrongly registered as Vani Vijay Uppin instead of mentioning it as Maheshwari.S. Hence I answer issue No. 1 and 2 in the Affirmative.
12. Issue No. 3: The defendant has taken contention that the suit of the plaintiff is not maintainable. In order to substantiate this contention the defendants have not stepped into the witness box and also nothing is elicited in the cross- examination of PW1 to suggest that the suit of the plaintiff is not maintainable. In this suit the plaintiff has produced the documents Ex.P10 to Ex.P13 to show that she had issued legal notice dated 2.3.2021 under section 80(2) of C.P.C. to the 18 O.S.3881/2021 defendants. Since the defendants have refused to rectify the mistake in the birth register of plaintiff's daughter the plaintiff has approached this court praying for declaration and consequential relief of direction. This court has jurisdiction to try this suit. The suit of the plaintiff is maintainable. There is no bar under section 9 of C.P.C. to entertain this suit. The suit of the plaintiff is maintainable. The defendants have failed to prove issue No. 3. Hence issue No. 3 is answered in the Negative.
13. Issue No. 4: The plaintiff has filed this suit for the relief of declaration to declare that the name of the plaintiff is Maheshwari.S. and to direct the defendants to change the name of the plaintiff as Maheshwari.S in the birth certificate of her daughter Khushi Vijay Uppin in the place of Vani Vijay Uppin. 19 O.S.3881/2021 In view of my findings on issue No. 1 and 2 the plaintiff is entitled for the relief as sought for. Hence I answer issue No. 4 in the Affirmative.
14. Issue No. 5: In view of my findings on issue No. 1 to 4, I proceed to pass the following:
ORDER The suit of the plaintiff is hereby decreed. It is hereby declared that the name of the plaintiff is Maheshwari.S. Consequently it is hereby directed the defendants to change the name of the plaintiff as Maheshwari.S in the birth certificate of her daughter Khushi Vijay Uppin in place of Vani Vijay Uppin and issue fresh birth certificate after collecting late fee if any.20 O.S.3881/2021
Parties shall bear their own cost.
Draw decree accordingly.
(Dictated to the Judgment-Writer, transcribed, computerized and printout taken by her, revised and then pronounced by me in the open court on this the 8th day of November 2021) (Mohan Prabhu ) XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
ANNEXURE Witnesses examined for the plaintiff/s :
PW1 - Maheshwari.S Witness examined for the defendant/s :
Nil Documents marked for the plaintiff/s :
Ex.P1 - Marriage registration certificate
Ex.P2 - Birth certificate
Ex.P3 - Notarised marks card of SSLC
Ex.P4 - Notarised extract of Election ID
21 O.S.3881/2021
Ex.P5 - Notarised extract of PAN card
Ex.P6 - Notarised extract of Aadhar card
Ex.P7,8 - Applications given to BBMP
Ex.P9 - Endorsement given by BBMP
Ex.P10 - Legal notice dated 2.3.2021
Ex.P11 - Two postal receipts
Ex.P12,13 - Two postal acknowledgements
Documents marked for the defendant/s :
Nil (Mohan Prabhu ) XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.22 O.S.3881/2021
Judgment pronounced in the open court(vide separate detailed Judgment) ORDER The suit of the plaintiff is hereby decreed. It is hereby declared that the name of the plaintiff is Maheshwari.S. 23 O.S.3881/2021 Consequently it is hereby directed the defendants to change the name of the plaintiff as Maheshwari.S in the birth certificate of her daughter Khushi Vijay Uppin in place of Vani Vijay Uppin and issue fresh birth certificate after collecting late fee if any.
Parties shall bear their own cost.
Draw decree accordingly.
XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.24 O.S.3881/2021