Wednesday, January 21, 2009

JUDGMENTS Contd......OF NAME CHANGE

Sri Sirijagan Honb'le Judge
In
W.P.(C) No.12752 of 2007
The petitioners seek correction of name of their child in the birth register from John Francy as Allen John Francy.Court held that it is clear that the entry in the birth register is not by mistake but as per the information supplied by the petitioners themselves. That being so the remedy available is to change the name of the child by publishing in the official gazette.

2008(2) KLT
Honb'le Mr Justice Pius C. Kuriakose
in
Varghese Vs Director of Panchayats
on 10-03-2008
After hearing both the parties the court held like this :
" The power of the Registrar to make corrections in the names of persons by virtue of Sec.15 after conducting enquiry as envisaged by R.12 of the registration Births and Deaths Rules,1990 cannot be in doubt especially in the light of circular No. B1- 2815/2007 dated 7/11/2007 of the Chief Registrar,which is binding on the 2nd Resp- the Gr Pt Secretary, cannot be in doubt. What the 2nd respondent contends is that he is not prepared to construe the original entry as erroneous since the same was made on the basis of a joint application filed 5 years after the child's birth was reported by the hospital to the corporation. To err is human and when the father of the child declares that the name of the child entered on the basis of joint application was erroneous I do not find Abby special circumstances to suspect on the bonafides of the request of the petitioner and I direct the 2nd respondent to change the name of child of the petitioner as Niya Varghese from Neenu Varghese.
(ddpkollam.blogspot.com)

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