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2026 Supreme(Online)(Ker) 14445

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
KUNJAMMA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 37236 OF 2025



Advocates:
For the Appellants/Petitioners: SRI. BRIJESH N.B., SHRI.BALAKRISHNAN N., SHRI.K.N.RANJITH, SMT.AKHILA S., SMT.SREEKUTTY S.B., SMT.ANJANA K.A.
For the Respondents: SRI.T.V.JAYAKUMAR NAMBOODIRI, SRI.K.JANARDHANA SHENOY,GP

The court emphasized the importance of lawful identity and the procedural correctness in amending records based on credible evidence.

Headnote:The Writ Petition is filed for a mandamus to correct the name of the father in the minor's birth certificate, citing a DNA report and agreement. The petitioners claim the incorrect name's inscription affects the legal identity of the minor, urging the Court to mandate the correction as per the relevant circular. The Court allows the petitioners to submit an application for correction to the second respondent, who is directed to assess the application promptly based on the circular provisions. The petition is disposed of with specified directions.

Table of Content
1. writ petition filed for correction of a birth certificate. (Para 1 , 2)
2. petitioners submit readiness to provide necessary documents for correction. (Para 3 , 4 , 5)
3. court directs application for correction based on evidence presented. (Para 6)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd Respondent to correct the name of the father of the 2nd Petitioner in his birth certificate (Exhibit P1) by substituting the name of the 3rd Respondent as the biological and lawful father of the 2nd Petitioner, based on Exhibit P2 DNA Report and Exhibit P3 Agreement;

ii. Direct the 1st Respondent to issue necessary instructions to the 2nd Respondent to make the needed correction in Exhibit P1 within reasonable timeframe.

iii. Pass such other orders or directions as this Hon’ble Court may deem just, fit and proper in the facts and circumstances of the case. "

[SIC]

2. The 1st petitioner is the mother of the 2nd petitioner-minor child. According to the 1st petitioner, the 3rd respondent is the father of the 2nd petitioner. But, the father of the 2nd petitioner is wrongly stated in the Birth Certi petitioners want to correct the same. Hence, this writ petition.

3. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the 2nd respondent.

4. The petitioners submitted that, they are ready to submit necessary documents in tune with the Circular No.142/RD3/15/LSGD dated 16.12.2025 for correction in the Birth register.

5. The learned Standing Counsel appearing for the 2nd respondent submitted that, in the records it is stated that the father of the 2nd petitioner in one 'Biju'. But, the petitioner submitted that the same is wrongly mentioned and the 3rd respondent is the father of the 2nd petitioner.

6. If that is the case, this writ petition can be disposed of allowing the petitioners to submit appropriate application before the 2nd respondent with supporting documents, and the 2nd respondent can be directed to consider the same, in the light of Circular No.142/RD3/15/LSGD dated

16.12.2025.

Therefore, this writ petition is disposed of with the following directions:

i) The petitioners are free to submit appropriate application for correction of the father’s name of the 2nd petitioner in the Birth Certi the 2nd respondent, within two weeks from the date of receipt of a copy of this judgment, with supporting documents.

ii) If such an application is received, the 2nd respondent will consider the same, in the light of Circular No.142/RD3/15/LSGD dated 16.12.2025 and pass appropriate orders, as expeditiously as possible, within a period of one months from the date of receipt of application.

Sd/-

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