Change girl's surname in birth certificate in four weeks: HC
2
Kolkata: A child's identity, including her surname, is an integral part of her personal development and autonomy, said the Calcutta High Court, directing the Chandernagore Municipality to accede to a teenaged girl's plea to change her surname in her birth certificate from her biological father's to her mother's in four weeks.
After her parents' divorce, the Class-IX girl, a minor, wanted to change her surname from Chatterjee, her father's, to Bhattacharya, her mother's maiden name, in her birth certificate owing to personal and emotional reasons. But the municipality rejected her plea. The girl, represented by her mother, approached the bench of Justice Gaurang Kanth, seeking directions for the change in official records.
"Courts have consistently held that when the change in name or surname does not adversely affect any legal or statutory right of a third party and is sought in furtherance of the child's best interest, such change ought to be allowed," Justice Kanth said.
But it was made clear that the removal of the father's surname from official records would not affect his legal status or the child's legitimate rights, including succession or inheritance rights to his property.
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The girl was born on April 14, 2011. Following matrimonial discord, the couple separated and the daughter lived with her mother at her maternal grandparents' home. The couple got divorced on May 13, 2015. After the divorce, the woman as well as her daughter adopted the surname, 'Bhattacharya', in place of 'Chatterjee'.
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In certain documents, such as Aadhar and passport, the daughter's surname was recorded as 'Bhattacharya', while in some others, such as the birth certificate, it continued to be 'Chatterjee'.
The petitioner asserted that the uniform change of surname in all official documents was not only necessary for maintaining consistency in records but also crucial for safeguarding her emotional well-being and personal sense of identity.
The girl's counsel said she no longer desired to keep her father's surname but the municipality rejected her plea, saying change of surname in the birth certificate was not allowed merely on account of parents' change of marital status.
The father was not represented in the matter, despite several notices.
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