The court ruled that the welfare of the child is paramount, and decisions affecting a child's identity must adhere to principles of natural justice.

ORDER

This Writ Petition has been filed to call for the records relating to the impugned order passed in Na.Ka.No.598/ ME7/ 2023, dated 20.09.2023 by the 2^nd respondent and to quash the same. The petitioner further seeks a consequential direction to the respondents to make necessary changes in the birth certificate dated 27.09.2017 (Registration No.2976/2017) of the petitioner's daughter S.Shivathmika, by substituting the name of “D.Sathish” in the place of “M.S.Srinidhi” in the column for the father's name.

2. The case of the petitioner is that she is the biological mother of S.Shivathmika (minor). Her marriage with one M.S.Srinidhi was solemnized on 09.03.2017 and registered before the 4^th respondent in Serial No.86 of 2017. Thereafter, she gave birth to a female child, namely S.Shivathmika on 19.09.2017 and the birth was duly registered before the 3^rd respondent on 27.09.2017 (Registration No.2976/2017). Subsequently, due to matrimonial incompatibility, the petitioner got separated from M.S.Srinidhi and has been leaving with her daughter from 24.05.2018. Under such circumstances, both have decided to apply for divorce by mutual consent.

3. The petitioner's husband, M.S.Srinidhi filed H.M.O.P.No.1667 of 2019 before the learned Principal Family Court, Coimbatore seeking divorce by mutual consent under Section 13 B of Hindu Marriage Act on 20.11.2019. After the statutory period of six months, both parties appeared and there was no possibility of reunion. Therefore, the learned Principal Family Court, Coimbatore, by judgment and decree dated 15.10.2020, granted divorce in H.M.O.P.No1667 of 2019, by mutual consent.

4. The petitioner was born on 04.02.1992. At the time of her divorce, she was about 28 years old. Thereafter, her parents arranged her second marriage with one D.Sathish. Accordingly, her marriage was solemnized with D.Sathish and duly registered in Serial No.HMR/Singanallur/80/2023 dated 09.03.2023 before the 4^th respondent. The petitioner is now living with her minor daughter, S.Shivathmika. In the birth certificate of her daughter, her father's name is mentioned as M.S.Srinidhi, which needs to be changed to D.Sathish. In fact, the petitioner executed a self-declaration deed dated 13.06.2023, which was registered before the 4^th respondent vide document No.159 of 2023.

5. After registering the self declaration deed dated 13.06.2023, the petitioner submitted a petition dated 05.07.2023 to the 2^nd respondent requesting to change the name of the father of her daughter from “M.S.Srinidhi” to “D.Sathish”. The 4^th respondent also sent a communication in O.Mu.No.414 of 2023 dated 20.07.2023 to the 2^nd respondent, confirming the registration of self-declaration deed dated 13.06.2023. On receipt of the said communication, the 2^nd respondent passed the impugned order in Na.Ka.No.598/ME7/2023, dated 20.09.2023, refusing to change the father's name in the birth certificate of the petitioner's daughter, S.Shivathika. Aggrieved by the above said order, the petitioner has come forward with the present petition.

6. The learned counsel appearing for the petitioner submitted that the 2^nd respondent passed the impugned order without affording the petitioner an opportunity of hearing, in violation of the principal of natural justice. Therefore, the order passed without hearing personally is non est and void. He further submitted that the respondents failed to consider the welfare and future of the child, which ought to be of paramount importance. The petitioner, being the mother and natural guardian of the child, is solely resp