VERDICTUM.
IN
SL. NO. 17
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
HEARD ON: 18.07.2025
DELIVERED ON: 18.07.2025
PRESENT:
THE HON’BLE MR. JUSTICE GAURANG KANTH
WPA 11486 OF 2025
ATREYI BHATTACHARYA
VERSUS
REGISTRAR OF BIRTHS AND DEATH,
CHANDERNAGORE MUNICIPAL CORPORATION & ORS.
Appearance:-
Mr. V.V.V. Sastry, Adv.
Mr. Anirudh Goyal, Adv.
.……………………..For the Petitioner
Mr. Suman Basu, Adv.
….…….… for the Corporation
Mr. Debanjan Bhattacharjee, Adv.
Mr. Samik Chatterjee, Adv.
Mr. S Mahapatra, Adv.
.......…………for Respondent No. 3
JUDGMENT
Gaurang Kanth, J. :-
1. The petitioner, a minor represented through her mother and natural
guardian, has preferred the present writ petition being aggrieved by the
communication dated 5.5.2025, whereby her application dated 17.2.2025, seeking
change of her surname from ‘Chatterjee’ to ‘Bhattacharya’ was rejected by the
respondent municipality.
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2. It is the case of the petitioner that she was born on 14.4.2011 to Mr.
Prasenjit Chatterjee and Ms. Kasturi Chatterjee during the subsistence of their
wedlock. A birth certificate was issued by the municipality. The petitioner is
presently a student of class IX. Following matrimonial discord between her
parents, she has been residing with her mother at her maternal grand-parent’s
residence. The marriage between the parties was subsequently dissolved by a
decree of divorce dated 13.5.2015. Post divorce, both the petitioner and her mother
adopted the surname ‘Bhattacharya’ in place of ‘Chatterjee’. Consequently, in
certain documents, the petitioner’s surname is recorded as ‘Bhattacharya’,
whereas in others it continues to appear as ‘Chatterjee’.
3. The petitioner submits that desiring not to retain her father’s surname, the
petitioner submitted an application dated 17.2.2025 before the respondent
corporation, seeking correction of her surname in the birth certificate. However,
the said application was rejected by the respondent corporation by a
communication dated 5.5.2025, citing the reason that such a change of surname
in the birth certificate is not permissible merely on account of change of marital
status of the parents.
4. Since the petitioner is a minor girl, aged about 14 years and that her father
was initially not impleaded as a party to the present proceeding, this court directed
the petitioner to implead her father as a party to the present proceeding.
Accordingly, Mr. Prasenjit Chatterjee, the father of the petitioner was made as a
party to the proceeding.
5. Learned counsel for the petitioner has effected service upon Mr. Prasenjit
Chatterjee by Speed Post on 04.07.2025 at his last known address, as well as
through publication in two newspapers, namely ‘The Times of India’ and ‘Ei
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Samay’. Copies of the said publications have been filed on record, thereby
evidencing service upon the respondent-father
6. In view of such publication this court deems service to be complete on the
respondent father.
7. Learned Counsel for the Respondent submits that as per Section 15 of the
Registration of Births and Deaths Act, 1969 and upon the guidelines issued by the
Government of India, Ministry of Home Affairs dated December 29, 2014, which
mention that once the name of the child is entered in the birth certificate, it cannot
be changed.
8. Learned counsel for the petitioner submits that section 15 does not an
absolute bar and that a co-ordinate Bench of this court, in a similarly situated
case, has directed for correction of the birth certificate. Learned counsel for the
petitioner relies on the judgment passed by the coordinate bench of this court in
WPA 88 of 2023 titled as Arpita Chowdhary V. Nabadwip Municipality & Anr.
9. This court has heard arguments advanced by the parties and examined the
documents placed on record.
10. Upon careful perusal of the records, it transpires that the petitioner is a
minor girl aged about 14 years and is currently studying in class IX, and has been
residing with her mother since birth. The marriage between her biological parents
were dissolved by a decree of divorce passed by the competent court on 13.5.2015.
Following the said dissolution of marriage, both the petitioner and her mother in
order to align their identities and in exercise of their personal liberty, adopted the
surname ‘Bhattacharya’ in place of ‘Chatterjee’.
11. It is submitted that pursuant to this change, the petitioner’s surname has
already been updated in various official documents such as AADHAR card,
passport and other documents. However, in certain other records, including her
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school record and her birth certificate, her earlier surname ‘Chatterjee’ continues
to appear, resulting in inconsistency and causing potential administrative
difficulties.
12. It is the specific grievance of the petitioner that she does not wish to retain
or be identified by the surname of her biological father owing to personal and
emotional reasons. She seeks to have her identity consistently recorded in all
official documents with the surname ‘Bhattacharya’, which she has been using
ever since the decree of divorce, and which is also the surname of her mother with
whom she has been permanently residing.
13. The petitioner asserts that this change is not only necessary for
maintaining consistency in records but also crucial for safeguarding her emotional
wellbeing and personal sense of identity.
14. This court, in similar situation, has considered and allowed the prayer for
change of surname of a minor. In WPA 88 of 2023, vide order dated 29.2.2024, a
co-ordinate Bench of this court permitted the change of surname of a minor from
that of her biological father to that of her step father, keeping in view the best
interest and welfare of the child. The relevant extracts from the said decision are
as follows:
“I have heard and have given my thoughtful consideration to the
submissions made on behalf of all the parties and have perused the
materials placed before this Court.
It appears that the child is presently remaining with the petitioner
who is her mother and with the step father. The child is of very
tender age and is yet to understand the difference or the concept of a
biological father and a step father. The child has all along known and
accepted the present husband of the petitioner as father.
Birth certificate of an individual is a very important document in
life. The same is an evidence of one’s birth and lineage. It also acts
as a proof of one’s age, identity and citizenship. Various
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uncomfortable questions may arise in one’s mind when the individual
becomes mature and notices that the name of a different person is
recorded as his/her father. The same may lead to further
complications in future and may also result in breakdown of
relationships.
The previous marriage of the petitioner stood legally dissolved and
the child has been gracefully and unconditionally accepted by the
present husband of the petitioner. Though the law relied upon by the
Municipality imposes a bar to change of entries in the birth certificate
but it cannot be lost sight of the fact that the same is a very archaic
Act. When the said Act was conceptualized and it came into effect,
incidents of such nature was not anticipated. Stringent and rigid
provision of the Act highlights and signifies the importance of a birth
certificate. The document is taken as sacrosanct. The very identity of
an individual changes with alteration of the details mentioned
therein.
True it is. At the same time one cannot deny the fact that with
advancement of time there has been a sea change in marital
relationship of parties. With awareness of law and financial
independence many of the parties are no longer interested to continue
with unhappy and unworkable relationship. They choose to dissolve
the relationship and move on, however, the baggage of the
relationship may pose sticky problems and at time interferes with the
privacy of the parties. Law has to be dynamic and ought to evolve to
tackle such issues. One cannot be hyper technical while dealing with
personal issues with hardly any public law element involved.
There is a provision in the Act to correct or cancel entry in the
register if the same is found to be erroneous in form or subject. It is
not that there is absolute total bar to rectify errors. With the change in
circumstances, the entry in respect of the father of the minor child has
to be taken as improper and liable to be rectified and the records are
to be corrected. If the necessary alteration is not done, then the child
and her parents may have to face several embarrassing situations in
future. Every individual has the right to live with dignity and honour.
It is noted that it is not always necessary to delete the details of
the biological parents from the birth certificate and it is alright if the
parties agree to retain the details mentioned therein, but if a request
is made to effect changes in the register, then such request is to be
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considered upon application of mind depending upon the facts and
circumstances of the case. Law cannot be so rigid so as not to take
within its fold the changing need of time. Law is to be applied in the
best interest of the parties.
The Hon’ble Supreme Court in the matter of ABC (supra) directed
the Municipality to issue birth certificate by incorporating the name of
the present husband of the petitioner as the father of the minor child
and further directed the surname of the minor child to be replaced
with the surname of her present father relying upon an affidavit to be
sworn by the mother.
In the matter of Mirunadevi the Court directed the Corporation to
issue revised birth certificate by incorporating the name of the step
father of the child.
The petitioner herein has already affirmed an affidavit and filed
the same before the Municipality mentioning the changes that she
intends to incorporate in the birth certificate of the minor child.
Keeping in mind the best interest of the child and in line with the
decisions mentioned herein above, the Municipality is directed to
issue fresh birth certificate in the name of the child by incorporating
the name and surname of the step father and incorporating the
surname of the step father as the surname of the child at the earliest,
but positively within a period of two weeks from the date of
communication of this order.
It is made clear that with the deletion of the name and surname of
the biological father, the rights of the child to the property of the
biological father will not be extinguished and the same will remain
intact for all times to come.”
15. This decision underscores the principle that the identity of a child,
including her surname is an integral part of her personal development and
autonomy. Courts have consistently held that when the change in name or
surname does not adversely affect any legal or statutory right of a third party and
is sought in furtherance of the child’s best interest, such change ought to be
allowed.
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16. In light of the above facts and the applicable legal position and having
regard to the welfare of the minor child, which is of paramount consideration, this
court is of the view that prayer of the petitioner deserves to be allowed.
17. Accordingly, the respondent corporation is directed to issue a fresh birth
certificate in respect of the petitioner by substituting her surname from ‘Chatterjee’
to ‘Bhattacharya’ and by recording her name in conformity with the identity
adopted post the decree of divorce of her parents. The said action shall be
completed by the respondent corporation positively within a period of four weeks
from the date of communication of this order.
18. It is, however, made clear that such change of surname and the
consequential removal of the surname of the biological father from the birth
certificate and other official records shall not, in any manner whatsoever, affect the
legal status of the biological father as her natural guardian under any law, nor
shall it affect or extinguish the petitioner’s legitimate rights if any, including her
succession and inheritance rights to the property of her biological father. All such
rights shall continue to remain preserved and unaffected by this order, in
accordance with law.
19. With the above observations, the present writ petition is disposed of.
20. Urgent certified photocopy of this judgment, if applied for, be supplied to
the parties expeditiously on compliance of usual legal formalities.
(Gaurang Kanth, J.)
TKM
