Kolkata, Jun 9 (PTI) The Calcutta High Court has allowed changing the surname of a minor boy on his birth certificate, holding that provision of altering the name in Kolkata Municipal Corporation (KMC) records holds good for replacing the surname also.
Justice Kausik Chanda disposed of a writ petition with liberty to the mother of the boy to make an application before KMC for changing her surname and that of the child in its record, supported by appropriate documentation evidencing her second marriage.
The court, however, declined to grant the prayer for changing the father’s name on the birth certificate in the absence of a valid adoption order. “In my view, such a change can only be considered upon the legal adoption of the minor” by the stepfather.
The child was born of a wedlock between the woman and her first husband in 2010. The marriage was dissolved by a decree of divorce passed by a civil court in 2016 and subsequently, she remarried in 2020, the court noted in its judgement.
It was stated before the high court by the petitioners that the mother and her first husband have been living separately since 2010 and that the child has been raised solely by her and after her remarriage, the boy has been jointly cared for by the mother and her second husband. The petitioners sought a direction to Kolkata Municipal Corporation to change in its records the surname of the boy and the name of the father from that of the biological father to that of the second husband and also change of surname of the mother.
The biological father, who currently lives abroad, stated before the court through his lawyer that he has no objection to the changes sought in the petition.
The KMC, however, opposed the requested alterations contending that the registering authority lacks the competence to alter the names in the birth record.
The KMC’s lawyer stated before Justice Chanda that statutory provisions only authorise the corporation to correct clerical or factual errors in the register of births or deaths.
He submitted that, in cases involving adoption, the KMC maintains a separate register linked to the original birth record upon
submission of a valid adoption order from a competent court.