1 wp2208.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION KJ WRIT PETITION NO.2208 OF 2010 Rahul s/o Manoj Pukale )..Petitioner Vs. Head Mistress, Parle Tilak Vidyalaya ) English Medium School & Ors. )..Respondents ---- Mr.Amol Doijode for the petitioner. Ms.Pratiti Naphade for the respondent nos.1 & 3. Ms.R.V.Masurkar i/by Little & Co. for the respondent no.2. Respondent nos.6 & 7 present in person. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR,JJ DATE : 8/12/2010. PC 1 With the consent of the parties, matter is heard finally at the admission stage itself and is disposed of by this order. 2 wp2208.10.sxw 2 By way of this petition, the petitioner has prayed for change in his father’s name as well as his surname in the appropriate school and university records. The petitioner was born on 19.9.1990 at Mumbai. The name of the mother of the petitioner is Rajshri and the name of the biological father is Manoj Pukale. The birth certificate of the petitioner is also annexed to the petition at page-62 where the name of his father is shown as Mr.Manoj Devinder Pukale. It seems that at the time when the petitioner was minor, the marriage between the petitioner’s father and mother got dissolved and the mother of the petitioner married to one Sanjay Anant Sawant-respondent no.5 here in. It is pointed out that relations between the mother of the petitioner and his step-father are strained and they are living separately. The present petitioner is staying with his mother. Say of the petitioner is that at the time when the name of his biological father was changed by her mother, he was a minor and therefore, he has no say in the matter. It is his case that since his father is Manoj Pukale, he would like to see that the name of his natural father appears on relevant records. However, on behalf of respondent no.2- 3 wp2208.10.sxw Divisional Secretary, Maharashtra State Board Secondary & Higher Secondary Education, Mumbai, learned Counsel Ms. Masurkar states that such an application will be required to be made within three years and therefore, they have rejected such prayer of change in name. Rejection has been passed on 15.2.2010 which is at page-61 in the compilation. 3 Learned Counsel for the petitioner submits that when the name of the petitioner’s father was changed from the relevant record and it was also published in Gazette, he was only 7 years of age and therefore, he had no say in the matter. It is submitted that the name of the father could not have been changed unless the petitioner is taken in adoption otherwise in original record name of biological/natural father continues. It is required to be noted that it is not in dispute that the biological father of the petitioner is Manoj Pukale. The said fact is also admitted by Mr.Manoj Pukale who is present in the court and who has been identified by the learned Counsel for the petitioner as well as mother Rajshri who is also present in the court and identified by her Advocate. The fact 4 wp2208.10.sxw remains that at the time when the petitioner was born, in the birth certificate the name of his biological father Manoj Pukale was already mentioned and simply because an affidavit filed by the mother, the name of the 2nd husband of the petitioner’s mother is written in the school record. In our view, it will not change the character of petitioner’s biological father who is his natural father. It is pointed out that the respondent no.5-Sanjay Anant Sawant, the 2nd husband of the petitioner’s mother has been served but he has not appeared. 4 Considering the aforesaid factual material, we are of the opinion that the petitioner is entitled to get restored the name of his biological father in all records and simply because his father’s name was changed in the record at the instance of the mother, the petitioner cannot be penalized for the same as he was minor at the relevant time. We do understand that woman with child when re- marries then for all practical purposes, she wants to give the name of her 2nd husband i.e step-father to the child. If it is not given then she may come across many embarrassing situation for her 5 wp2208.10.sxw and also for the child and the child may suffer identity crisis due to difference in his surname and his mother’s surname. Under such compelling circumstances, the decision is taken by such a mother to change the name of a natural father of her child. 5 However, when child attains majority and develops his own views/opinions, he may opt to go for his original name or he may retain the same. It all depends on the relationship of the members in each family. Therefore, we feel that the present petitioner unfortunately is a victim of the circumstances and he is entitled to go for the name of his biological father. Considering the same, we set aside the decision taken by the concerned respondents. We direct the authorities to take appropriate steps in correcting the school and college records of the petitioner and henceforth in all relevant record, the name of the petitioner has to be shown as Rahul Manoj Pukale . The name of Sanjay Anant Sawant is therefore, stand deleted and the name of the petitioner to be shown as Rahul Manoj Pukle in all relevant records. Concerned authorities are directed to change the record, certificates and all 6 wp2208.10.sxw documents. It is clarified that name of original mother shall continue in original record. Authority will also consider whether name of original father can be changed in case there is no adoption or any legal procedure followed in that behalf. Petition disposed of accordingly. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J)