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2016 DIGILAW 977 (KER)

ANITHA MENACHERY W/O. FRANCIS JOHN MENACHERY v. REGIONAL JOINT DIRECTOR, COCHIN

2016-11-14

K.VINOD CHANDRAN

body2016
JUDGMENT : The petitioners are mother and son. The grievance of the petitioners is against Exhibit P13 order, which directed the name of the 1st petitioner to be shown in the 2nd petitioner's birth certificate as Anitha alias Anitha Menahcery. The petitioners contend that the Circular issued by the Government itself permits the name to be shown as "Anitha Menachery" without an "alias". 2. The learned Standing Counsel for the Municipality has produced, across the Bar, the Circular of 2015, bearing No.B1-4356/2015 dated 07.02.2015 issued by the Chief Registrar. The contention taken by the Municipality is that as per Clause 7.7 when there is a request for including the name by which a person is known, in the birth certificate the same can be included with an "alias" and Clause 8.8 mandates that, for correction of the name of either parent, in a birth certificate, production of the School Leaving Certificate of that parent, whose name is sought to be corrected is mandatory. 3. The learned Counsel for the petitioner would rely on Clause 8.10, which stipulates that if the name of the father or mother in the birth certificate is to be corrected, either by expansion of the initial or by inclusion of the spouse's name, then there should be a certificate issued by a Notary or two Gazetted Officers or a Village Officer. 4. The facts are to be noticed to understand the contention of the petitioners. The 1st petitioner, along with her husband, was working in Kuwait from where they returned during the Kuwait war; when all their certificates were lost. The petitioners have produced Exhibit P1 Aadhar Card, Exhibit P1(a) Electoral Identity Card, Exhibit P1(b) Permanent Account Number Card issued by the Income Tax Department to the 1st petitioner and also Exhibit P2 Passport issued to the 2nd petitioner, in which the 1st petitioner is consistently declared as "Anitha Menachery". Exhibit P3 is the birth certificate of the daughter of the 1st petitioner and the sister of the 2nd petitioner, wherein also the name of the sister is shown as "Asha Menachery" and the mother's name earlier shown as "Anitha Francis", which was later corrected as "Anitha Menachery" by Exhibit P4. It is in this factual situation the petitioners' prayer has to be considered. 5. It is in this factual situation the petitioners' prayer has to be considered. 5. As per Clause 7.7 relied on by the learned Standing Counsel, the name by which a person is normally known or a nick name has to be included, in the Birth Certificate with an "alias". This would not be applicable in the present case, since what they seek is correction of the mistake occurred at the time of registration, wherein the mother's maiden name was indicated and the inclusion of the husband's family name was not made. Hence, it cannot be said that inclusion of the nick name by which the 1st petitioner is known; was the prayer made by the petitioners. 6. The further reliance placed is on Clause 8.8, which mandates production of School Leaving Certificate of the parent whose name is sought to be corrected. The petitioners' case is that the petitioners lost all the documents when they returned from abroad due to Kuwait war. Be that as it may, the 1st petitioner's maiden name was 'Anitha' and the production of the School Leaving Certificate would only indicate her name to be 'Anitha'. The said certificate obviously would not show the name of her husband. The production of the school certificate definitely would not enable the petitioners to get the correction as sought for herein. 7. As submitted by the learned Counsel for the petitioners, what is applicable in the present case is Clause 8.10, which reads as under: --------In Other Language -------\ The petitioners seek that the mother's name shown in the Birth Certificate may be changed from her maiden name and the husband's family name be included. The inclusion of the spouse's name can be done only on production of a certificate from a Village Officer or two Gazetted Officers or a Notary. 8. The petitioners have produced the certificate of the Village Officer at Exhibit P6. Three Gazetted Officers have also certified the 1st petitioner being known as "Anitha Menachery", W/o.Francis John Menachery after her marriage. This is not the inclusion of a nick name but the expansion effected of the change in name upon marriage, including the spouse's name; which by customary practices of the community, would also include the family name of the spouse. 9. This is not the inclusion of a nick name but the expansion effected of the change in name upon marriage, including the spouse's name; which by customary practices of the community, would also include the family name of the spouse. 9. In such circumstances, under Clause 8.10 of the Circular, the petitioners are entitled to seek correction of the name of the mother of the 2nd petitioner as "Anitha Menachery" in the birth certificate. Either the petitioners or their representative shall produce the originals of Exhibits P6 to P8 before the 3rd respondent and the said respondent shall make such correction and issue a fresh birth certificate to the 2nd petitioner showing the name of his mother as "Anitha Menacherry". The direction shall be complied within a period of three weeks from the date of receipt of a certified copy of this judgment. The writ petition is allowed. No costs.