KARNATAKA HIGH COURT
K.S. HEMALEKHA, J
VANI S. – Appellant
Versus
THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. defendant's claims on jurisdiction for name and religion change. (Para 3 , 4) |
| 2. court’s recognition of individual identity and its reflected rights. (Para 6 , 11) |
| 3. court's requirement for statutory compliance in name changes. (Para 9 , 10) |
ORAL JUDGMENT
The present appeal is preferred by the plaintiffs assailing the judgment and decree dated 06.04.2023 in OS No.6539/2021 on the file of the V Additional City Civil and Sessions Court, Bengaluru (hereinafter referred to as ‘Trial Court’ for short). By the impugned judgment and decree, the Trial Court dismissed the suit filed by the plaintiffs seeking declaration and mandatory injunction to direct the defendants to change the religion and name of the plaintiffs in the records maintained by them.
2. Brief facts:
Plaintiff No.1, the mother of plaintiff No.2, is originally a Hindu by caste converted to Islam in 2017 and assumed the name as ‘Zara S’ after having married Faayes Kunju, and their marriage was registered before the Waqf Board. From the wedding plaintiff No.2 was born and her name was ‘Mehar Faayes’. It is stated that after divorce by Khulanama in the year 2020, plaintiff No.1 reverted to Hinduism and resumed th
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