Naming of Child

JUDGMENT :

An estranged couple are fighting over their daughter’s name. Since the birth certificate issued to the petitioner’s daughter has no name on it, the mother attempted to register a name for the child. However, the Registrar insisted on the presence of both parents before him to register the name. As the couple could not arrive at a consensus on the issues, the mother of the child has invoked the jurisdiction of this Court under Article 226 of the Constitution of India. Petitioner seeks a direction to accept her application and to issue a birth certificate for her minor child with the name 'Punya Nair' - it being her choice of name.

2. Petitioner is the mother and Sri. Balagangadharan Nair -the 4th respondent, is the father of a minor girl. The daughter was born on 12.02.2020. After the birth of the child, the relationship between the parents turned sour. The father allegedly did not bother to take care of the child and her mother. Complaints were filed by the petitioner before the authorities, and even claims for maintenance were raised. Sri.Balagangadharan, on the other hand, sought restitution of conjugal rights and even filed a petition for custody of the child as O.P(G&W) No.84 of 2022 before the Family Court, Muvattupuzha.

3. The offspring of the relationship is on the threshold of her educational life. However, the school authorities are insisting on a name for her. Since the birth certificate carries no name on it, the school authorities are refusing to accept such a certificate.

4. Petitioner sought the help of the Family Court to compel the husband to cooperate with the petitioner in obtaining a birth certificate for the child with the name 'Punya Nair'. By order dated 24.05.2023, the Family Court directed the husband to handover the attested copies of his Aadhaar Card, Passport and recent photograph to the petitioner and also directed both of them to appear before the Secretary of the Aluva Municipality for processing the birth certificate. However, for some reason or other, the order was not fully complied with, and the child's birth certificate remains without a name.

5. Indisputably, the child has to be given a name. Fortunately, the parties are not in discord on that. Thus, the issue boils down to what should be the name to be entered in the birth certificate. The name creates an identity, which remains with the person in all probabilities forever, until varied by choice. The mother claims that the child be given the name 'Punya Nair' while the father asserts that the child be known as 'Padma Nair'.

6. There is no dispute that the child was born in the wedlock between the hostile parents. The disagreement between the couple relates to the name of the child. Despite repeated attempts, a consensus could not be arrived at between the parents, and resolution of the dispute is inevitable without further delay, considering the welfare of the child. Amidst the wrangling on the name, the Court had to grapple with a legal issue on the interpretation of the word ‘the parent’ used in the statute relating to the registration of births.

7. When the mother tried to get the name registered, the Registrar of Births and Deaths insisted that both parents must apply to register the name. The question that arises is whether the registration of a name in the birth certificate requires an application by both parents or only one of them.

8. Section 14 of the Registration of Births and Deaths Act, 1969 ('the Act' for short) deals with the inclusion of the name of a child in the birth register registered without a name. It reads as below:

‘S.14. Registration of name of child

Where the birth of any child has been registered without a name, the parent or guardian of such child shall within the prescribed period give information regarding the name of the child to the Registrar either orally or in writing and there upon the Registrar shall enter such name in the register and initial and date the entry.’

9. Rule 10 of the Kerala Regis