Karnataka HC Orders Inquiry Into Daughter’s Request To Replace Mother’s Maiden Name With Her Married Name On Birth Record

The petitioner sought correction of her mother’s name in the birth register from “J. Antony Lourdu Mary” to “Mary Sudhash.”

She relied on identity and academic records, while her mother’s affidavit and a newspaper publication stated that “J. Antony Lourdu Mary” was her maiden name and that she had changed it after marriage.

The fourth respondent endorsed that the change could be considered upon production of official Government documents.

The petitioner challenged that endorsement under Articles 226 and 227 of the Constitution

Section 15 of the Registration of Births and Deaths Act, 1969, read with Rule 11 of the Registration of Births and Deaths Rules, 1999, empowers the authority to correct entries in the register in form or substance.

The Court held that this jurisdiction extends to circumstances such as a change in a parent’s name after marriage and requires an enquiry into the relevant material; no precedent was cited

The documents and statements concerning the mother’s maiden name and subsequent name change raised circumstances requiring consideration, even if they did not establish a clerical error.

Because the authority’s endorsement imposed a documentary requirement without considering those circumstances through the enquiry contemplated by Rule 11, the Court found the endorsement unsustainable

It directed the petitioner to provide a certified copy of the order to the fourth respondent, which must issue notice, allow her to produce documents, conduct an enquiry under Rule 11, and conclude the proceedings within three months of receiving the certified copy.