The Karnataka High Court recently set aside a civil court's refusal to allow a minor girl to change her name, and allowed the name change opted by her and her family for astrological and numerical reasons.

Justice Hanchate Sanjeevkumar added that every Indian has a civil right to be recognised by their name and that people can, therefore, approach civil courts for a name change.

"Every person in society is necessarily to be recognized by his/her name. It is a civil right of every citizen in India to be recognized by his/her name. Therefore, for correction or change of name, filing a suit before the Civil Court is maintainable, as it relates to the adjudication of a civil right," the Court said.

In this case, the Court also noted that changing the name change was not objected to by anyone, and that it would not cause any harm to any person.

The Court was dealing with a plea filed by a minor girl through her father. At birth, she was named 'Lakshmi'. However, her parents later sought to change her name to 'Veena' on the belief that this name would bring more prosperity.

The girl, represented by her father (plaintiffs), therefore filed a civil suit seeking a declaration that her name is Veena. The civil court, however, dismissed the suit on the ground that there was no document to show her name should be corrected to 'Veena', nor did the parents first approach the school she was enrolled in to change her name.

This ruling was challenged before the High Court. The plaintiffs pointed out that there was a circular issued by the government of Karnataka which stated that a civil court decree was a must for a name change. The plaintiffs also placed on record public notices issued in newspapers about the proposed name change.

The High Court granted the plaintiffs relief. The Court pointed out that the trial court had erred when it insisted on documentary proof that the girl's name is Veena, since the suit was filed for a name change and not a name correction.

"This reasoning of the Trial Court is unwarranted, as it is not the case of the plaintiff that, at the initial stage, while admitting the plaintiff to the school, her name was wrongly mentioned as 'Lakshmi N.' The plaintiff simply desires to be called as 'Veena N.' and not 'Lakshmi N.”'Therefore, there could not have been any occasion to produce any document showing the name of 'Veena N,'" the Court said.

The High Court proceeded to issue directions enabling the recognition of the minor girl by her new name.

"Upon considering the entire case on its own merits, the plaintiff is entitled to the relief of declaration as prayed for and, accordingly, the name of the plaintiff can be changed from 'Lakshmi N.' to 'Veena N.' If this decree is passed, there would not be any harm to the defendants or to any other person. Therefore, the plaintiff is entitled to the relief of change of her name from 'Lakshmi N.' to 'Veena N.,'" it held.

Advocate Sampath Kumar AV represented the plaintiffs.

Additional Government Advocate V Seshu appeared for the State.

[Read Order]