Kerala High Court allows mother's claim on child's name

Kochi: The Kerala High Court has ruled in favour of a mother  who pleaded  that the name preferred by her for her child should  appear in official records.    The estranged mother and father of the child had moved the court  over the name to be given to the child.  The court found that  the divorce order and other initial records proved  her claims. Justice K. Vinod Chandran passed the order while considering two separate petitions filed by the child’s parents  hailing from Malappuram. The court passed a common order.

The birth certificate issued  was on an application allegedly made by the father and the mother jointly. The mother's  contention was  that she had not signed the application. A criminal case has also been lodged, in which the father  is said to be absconding.   The criminal law should be proceeded with and taken to its logical conclusion.  But  the facts mentioned above would  support the contention raised by the mother that she never made a joint application for registration of the son’s birth certificate, the court said.

It said  that the petition for maintenance was filed on August 12, 2009. The application for registration itself was filed on October 3, 2009, much after the birth of the child and after the estrangement of the couple, which is evidenced from the maintenance case itself. The custody of the child is also with the mother.  In such circumstances, this court is inclined to accept the contention of the mother that she had not put the signature in the application for birth certificate, it said.