2023-09-30 19:20:16
Kochi ∙ When the estranged couple quarreled over their daughter’s name, the High Court named her. The court used the special power explaining that namelessness is not good for the child’s welfare.
Justice Bechu Kurian Thomas’s order on the mother’s petition invoked the legal power of ‘Parens Patria’, including being the guardian of the minor children. The court said that while exercising the power of parents patriae, the rights of the child should be given paramount importance, not the parents.
The child’s birth certificate was not named. The school did not accept birth certificates without names. A 4-year-old boy is with his mother. The mother tried to register the name, but the registrar decided that both parents should be present. However, there was a dispute when the father asked to give another name. The wife approached the family court but no action was taken for registration. Then the High Court was approached.
The court said that it is not in dispute that the child needs a name and the couple has no dispute in this regard. To settle the dispute, the court directed the child to add the father’s name to the name given by the mother. The court held that since the child is now with the mother, she can prefer the name she prefers.
The petitioner may file a fresh application in this behalf. The court also directed the registrar to register the name without obtaining the permission of both the parents. (Child’s name withheld for privacy)
One of the parents is enough to register the name
The court said that in the terms of birth and death registration, ‘parent’ means either the mother or the father only and only in rare cases both are referred to together. Therefore, one of the parents can register the child’s name. The other person can take legal action if they want to correct it.
The High Court struck down a 2016 circular that allowed the custodial parent to change the name. It has been clarified that the state government has no authority to issue such a circular.
English Summary: Differences between parents regarding daugher name; child was named by High Court
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