IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33465 OF 2025 (LB-BMP)

BETWEEN:

1.

(GUARDIAN / MOTHER)

2.

Digitally signed by SHWETHA RAGHAVENDRA …PETITIONERS Location: HIGH (BY SRI. THANGMINLAL HAOKIP.,ADVOCATE)

CO URT OF KARNATAKA AND:

1. CHIEF REGISTRAR BIRTHS AND DEATHS BENGALURU SIR M VISHVESHVARRAYA MAIN TOWER, DR.AMBEDKAR VEEDHI, BENGALURU-560 001 EMAIL crbdkar@gmail.com OFFICE ON.080-22869741

2. COMMISSIONER (B.B.M.P)

HUDSON CIRCLE, BENGALURU-560002 EMAIL comm@bbmp.gov.in OFFICE NO.080-22975550 …RESPONDENTS (BY SRI. PAWAN KUMAR.,ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING THE R1 TO CHANGE THE NAME OF THE P1 IN HER BIRTH CERTIFICATE FROM TO AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER

1. The Petitioners are before this Court seeking for the following reliefs:

a) To issue a writ of mandamus or any other appropriate writ or order directing the respondent No.1 to change the name of the petitioner No.1 in her birth certificate from to and direct the R2 to issue a fresh/new birth certificate with the prescribed fee as fixed by the government.

b) Pass such order or grant such other reliefs as this Hon’ble Court deems fit to grant under the facts and circumstances of this case, in the interest of justice and equity.

2. Petitioner No.1 is a minor daughter of petitioner No.2 and one . It is stated that they were not married, but from and out of a live in relationship, the petitioner No.2 gave birth to petitioner No.1 on 16.02.2017 at K C General Hospital in Malleswaram, Bengaluru.

3. Subsequently, the petitioner No.2 applied for a birth certificate by showing the name of the petitioner and the aforesaid as the father. In pursuance of which, a birth certificate came to be issued on 04.03.2017.

4. The father ( ), expressed unwillingness to continue his relationship with petitioner No.2 and left for his hometown in Nepal.

Thereafter, petitioner No.2 and the father (

) have had no interaction, communication or relationship with each other.

5. The name of the natural father has been shown in the birth certificate. But the said father is not willing to take the responsibility for the upkeep of the minor daughter-petitioner No.1.

6. The Petitioner No.2 had approached the Respondent for the deletion of the name of the father and the addition of the name of the Petitioner No.2 and her family name in the birth certificate. The said application was not considered by the Respondent.

7. Along with the said application, Petitioner No.2 had submitted an Aadhar card, a passport, a study certificate of Petitioner No.1 and an affidavit categorically stating that the rectification required would not affect any third party. Petitioner No.2 being named , a derivative of her name to be added along with the name of the petitioner as Themnunhoi as also the family name of Haokip to be added to the name of Petitioner No.1.

8. An endorsement came to be issued that the respondents do not have the power to carry out such a correction. In pursuance to which a legal notice came to be issued by the petitioner No.2 on 05.09.2025, which was not acted upon and it is in that background that the petitioner is before this Court seeking for the aforesaid reliefs.

9. The points that would arise for determination are: i. Whether the Respondent–Registrar possesses power under the Registration of Births and Deaths Act, 1969 to effect correction of the nature sought?

ii. Whether change of the minor child’s name to reflect the maternal derivative/family name, while retaining the father’s name in the birth certificate, affects any substantive legal rights?

iii. Whether the relief sought is in the best interest of the minor child?

iv. What order?

10. I a