JUDGMENT :

Amrita Sinha, J.

1. The petitioner is the mother of a minor child. The child was born out of the earlier wedlock of the petitioner which stood dissolved by order passed by the competent Court on January 28, 2021. The petitioner has thereafter remarried and has moved on to her marital house with her child. The present husband of the petitioner has accepted the child of the petitioner as his own and the child has all along known him as father.

2. The petitioner intends to replace the name of her erstwhile husband and surname of the child recorded in her child’s birth certificate and other documents by incorporating the surname and name of her present husband as the father of her minor child.

3. The biological father of the child, in no uncertain terms, has given his consent to the prayers made by the petitioner. It has been submitted that both the parties to the erstwhile marriage have moved on in their respective lives. Neither the biological nor the step father has any objection if the above changes are recorded in the birth certificate of the child.

4. The Municipality is not permitting the same. The Municipality relies upon Section 15 of the Registration of Births and D