IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 24.11.2025 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO.44593 OF 2025 Mrs. Amin Ryhana M.I. .. Petitioner - Vs -

1. The Registrar (Birth & Death)

Tambaram Corporation Zone – 2, Chrompet Chennai 600 044.

2. V.Purushothaman .. Respondents Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari quashing the birth certificate registration No.B-2018 : 33-4519-000453 date of issue 24.01.2025 also quashing the refusing letter of the 1st respondent and pass an order to the 1st respondent to issue to the petitioner’s daughter a new birth certificate reflecting the petitioner’s daughter’s father current name as Mohammed Bilal and initial instead of Purushothaman.

For Petitioner : Mr.M.Shahul Hameed

ORDER

Assailing the rejection of the application of the petitioner with regard to correction in the name of the father with respect to the daughter of the petitioner, who was born out of the wedlock between the petitioner and the 2nd respondent, the present writ petition has been filed.

2. It is the case of the petitioner that upon conversion of the 2nd respondent from the Hindu religion to Islam, the petitioner and the 2nd respondent entered into wedlock on 10.05.2015. It is averred that the 2^nd respondent, prior to his marriage with the petitioner had changed his name from Purushothaman to Mohammed Bilal and the same was duly accepted by the South India Ishathul Islam Society. Though the petitioner had requested the 2nd respondent to change his name by giving gazette notification, the 2nd respondent had been dragging on the matter.

3. After their marriage, the 2nd respondent embraced Islam and followed all the customs and traditions and through the wedlock, a female child was born on 6.11.2018, which was named as Faizah Fathima. However, at the time of the petitioner’s delivery, the hospital administration entered the name of the child’s father in their record as Purushothaman instead of Mohammed Bilal, which is the root cause of the present issue, as the 1^st respondent considered only the certificate issued by the hospital and failed to consider the religious conversion certificate, certifying that the 2nd respondent had converted to Islam.

4. It is the further case of the petitioner that since the year 2020, the 2nd respondent acted in a strange manner and he abandoned the petitioner and their child and that the petitioner was forced to reside at her parental home. Since the 2nd respondent did not take care of the petitioner and their child, the petitioner sent a Khula nama (mutual divorce by women), which was accepted by the 2^nd respondent and acknowledged in written on 20.7.2024 and, accordingly, as per the Muslim law, divorce was effected from 20.07.2024.

5. Since the 2nd respondent abandoned the petitioner as also their child and did not take care of them properly, the petitioner was forced to stay with her parents. In view of the fact that the name of the 2^nd respondent in the birth certificate of her child had been wrongly entered, the child would not be entitled to the reservation guaranteed under the Constitution and, therefore, the petitioner made an application to the 1st respondent to correct the name of the father of the child as Mohammed Bilal from that of Purushothaman, however, the same was rejected by the 1^st respondent vide the impugned communica which had prompted the petitioner to come before this Court through the present writ petition.

6. Learned counsel appearing for the petitioner submits that inspite of the fact that the 2^nd respondent, even prior to his marriage had changed his name to that of Mohammed Bilal, which has been recorded before the South India- Ishathul Islam Society, however, the name of the 2^nd respondent had been given as Purushothaman in the birth certificate of the child born out of wedlock of the petitioner with the 2nd respondent.

7. It is the further submission of the learned counse