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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940 WP(C).No. 6457 of 2017 PETITIONER(S) SACHIN NARAYANA PILLAI, AGED 40 YEARS, S/O. LATE P.S. NARAYANA PILLAI, PANACKAPARAMBIL HOUSE, KOLANI P.O., THODUPUZHA, NOW RESIDING AT DUKES, 13-C, SKYLINE IMPERIAL GARDENS, JNI STADIUM ROAD, PALARIVATTOM, KOCHI - 682 025. BY ADVS.SRI.MANJERI SUNDERRAJ SMT.MANJU PAUL RESPONDENT(S): 1.

STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA (LSG), LOCAL SELF GOVERNMENT MINISTRY, GOVERNMENT OF KERALA, SEECRETARIAT, THIRUVANANTHAPURAM-695001.

2.

THE SECRETARY (REGISTRAR OF BIRTHS AND DEATHS), KOTTAYAM MUNICIPAL CORPORATION, CORPORATION BUILDING, BAKER JUNCTION, KOTTAYAM.

3.

ST. MARY'S JACOBITE SYRIAN CATHEDRAL, MANARCADU, REPRESENTED BY ITS VICAR, MANARCADU P.O, MANARCADU VILLAGE, KOTTAYAM TALUK - 686 019.

4.

ST.JOSEPH'S CATHEDRAL, SASTRI ROAD, RERPESENTED BY ITS VICAR, KOTTAYAM-686001.

5.

DR. ANNU SUSAN GEORGE, AGED 34 YEARS, D/O. DR. GEORGE VARGHESE, NADUVILEDATHU HOUSE, MUTTAMBALAM, KANJIKUZHI, KOTTAYAM-686004. R5 BY ADV. SMT.K.MEERA R5 BY ADV. SRI.BOBY MATHEW R2 BY ADV. SRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY R BY GOVERNMENT PLEADER, SRI.PAUL ABRAHAM VAKANAL R BY SRI.S.RANJIT (KOTTAYAM), SC, KOTTAYAM MUNICIPALITY

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-04-2018, ALONG WITH WP(C) 19913/2017 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6457 of 2017 (F) APPENDIX PETITIONER(S)' EXHIBITS P1

TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE LOCAL REGISTRAR OF KARIKUNNAM GRAMA PANCHAYATH WITH REG. NO. 445/10 AND DATE OF REGISTRATION 05/10/2010

P2

TRUE COPY OF THE BIRTH CERTIFICATE OF THE ELDER CHILD SIDDARTH SACHIN WITH REG. NO. 2842/2011 DATED 15/10/2011

P3

TRUE COPY OF THE BIRTH CERTIFICATE OF THE 2ND CHILD WITH REG. NO. 2944/2013 DATED 05/10/2013.

P4

TRUE COPY OF THE OBJECTION LETTER FILED BY THE 5TH RESPONDENT AT KOTTAYAM MUNICIPALITY DATED 26/09/2014

P5

TRUE COPY OF THE HINDU WEDDING CEREMONY CONDUCTED BY MADAPARAMBIL RESORTS, THODUPUZHA OON 30/08/2010

P6

TRUE COPY OF THE DAIRY WRIOTINGS OF THE 5TH RESPONDENT DATED 17/11/2013

P7

TRUE COPY OF THE BAPTISM CERTIFICATE ISSUED FROM THE ST. JOSEPH'S CATHEDRAL KOTTAYAM PRODUCED BY THE 5TH RESPONDENT IN OPFC 688/2016

P8

TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED FROM ST. MARY'S JACOBITE SYRIAN CATHEDRAL DATED 20/09/2014 PRODUCED BY THE 5TH RESPONDENT IN OPFC 688/2016

P9

TRUE COPY OF THE ORIGINAL MARRIAGE CERTIFICATE ISSUED BY ST. MARY'S JACOBITE SYRIAN CATHEDRAL DATED 29/08/2010

P10

TRUE COPY OF THE BAPTISM CERTIFICATE OF 2ND CHILD ISSUED FROM THE ST. MARY'S JACOBITE SYRIAN CATHEDRAL MANARACAUD PRODUCED BY THE 5TH RESPONDENT IN OPFC 688/2016

P11

TRUE COPY OF THE CMP 3635/2016 FILED BY THE PETITIONER IN KOTTAYAM JFCM COURT

P12

TRUE COPY OF THE SWORN STATEMENT OF REV. FR. ANDREWS CHIRAVATHARA THE CO-VICAR ST. MARY'S JACOBITE SYRIAN CATHEDRAL IN THE CMP 3635/2016

P13

TRUE COPY OF THE LETTER FROM THE KIDZEE SCHOOL WITH NAME JOHAN SACHIN

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WP(C).No. 6457 of 2017 (F) P14

TRUE COPY OF THE LETTER FROM THE TIME KIDS SCHOOL PRODUCED BY THE 5TH RESPONDENT IN OPFC 688/2016 WITH NAME OF JOHAN MANI SACHIN

P15

TRUE COPY OF THE NEW INDIA ASSURANCE MEDCICLAIM POLICY EFFECTIVE FROM 22/07/2014 WITH NAME ABHINAV SACHIN.

P16

TRUE COPY OF THE RATION CARD RENEWAL APPLICATION WITH NAME ABHINAV SACHIN

P17

TRUE COPY OF THE NAMAKARANA CEREMONY AND OTHER HINDU CERREMONIES OF THE CHILDREN

P18

TRUE COPY OF THE BIRTH RECORD OF THE ELDER CHILD SIDDHARTH SACHIN DATED 15/10/2011

P19

TRUE COPY OF THE BIRTH RECORD OF THE 2DN CHILD DTED 05/10/2013

P20

TRUE COPY OF THE PASS BOOK OF SIDDHARTH SACHIN

P21

TRUE COPY OF THE PASS BOOK OF ABHINAV SACHIN

P22

TRUE COPY OF THE LIC POLICY IN THE NAME OF SIDDHARTH SACHIN

P23

TRUE COPY OF THE LIC POLICY IN THE NAME OF ABHINAV SACHIN

P24

TRUE COPY OF THE FIXED DEPOSIT RECEIPT COPY FOR RS.500000/- (FIVE LAKH) DATED 01.03.2017 IN THE NAME OF SIDDHARTH SACHIN

P25

TRUE COPY OF FIXED DEPOSIT RECEIPT COY FOR RS.300000/- (THREE LAKH) DATED 01.03.2017 IN THE NAME OF ABHINAV SACHIN

P26(a) TRUE COPY OF THE APPLICATION DATED 17.11.2014 SUBMITTED BEFORE KOTTAYAM MUNICIPALITY FOR ENTERING THE NAME OF THE SECOND CHILD AS ABHINAV SACHIN P26(b) TRUE COPY OF THE PRO FORMA WITH SERIAL No.2944/13 DATED 17.11.2014 SIGNED BY CHIEF MEDICAL OFFICER, SH MEDICAL CENTRE KOTTAYAM P27

TRUE COPY OF THE DEPOSITION OF THE WITNESS JAMIYA KJ CENTRE MANAGER TIME KIDS SCHOOL BEFORE JFCM KOTTAYAM

P28

TRUE COPY OF THE SCHOOL DIARY OF THE ELDER CHILD SIDDHARTH SACHIN

RESPONDENT'S EXHIBITS: EXHIBIT R5(a) TRUE COPY OF THE COMMUNICATION BEARING NO.B 1592(1)/17 DATED 26.05.2017 ISSUED FROM THE KARIMKUNNAM GRAMA PANCHAYAT TO THE PARENTS OF THE 5TH RESPONDENT. // True copy // das

PA to Judge

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A.K.JAYASANKARAN NAMBIAR, J. ===========================================

W.P.(C). Nos. 6457 of 2017(F) & 19913 of 2017(L) =====================================================

Dated this the 10th day of April, 2018 JUDGMENT As both these writ petitions involve a common issue, they are taken up for consideration together and disposed by this common judgment.

2.

The petitioners in both these writ petitions are wife and

husband respectively, and in their respective writ petitions they are both aggrieved by the inaction on the part of the respondent Municipality to issue a birth certificate in respect of their second child showing the name of the child as per their respective wishes. The facts in these writ petitions would indicate that the petitioners were married as per Christian Rites on 29.08.2010. The petitioner in WP(C) No.6457 of 2017 has a case that on the very next day, there was another ceremony conducted in accordance with the Hindu Rites and there is a marriage certificate certifying the marriage as per Hindu Rites as well. Two children were admittedly born in the wedlock and they were born on 09.10.2011 and 20.09.2013 respectively.

The first child was given the name

“Siddharth Sachin”, Sachin being the first name of the father of the

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-2W.P.(C). Nos. 6457 of 2017(F) & 19913 of 2017(L)

children, who is the petitioner in WP(C) No. 6457 of 2017. After the birth of the second child, the relationship between the petitioners in both these writ petitions became strained and it appears that proceedings are pending before the Family Court for dissolution of the marriage and incidental matters such as custody of the children etc.

It is while so, that the need for a birth

certificate in respect of the second child has arisen, since the second child is now stated to be of school going age and it would be a necessary pre-requisite for the second child to attend school to get a birth certificate in his name.

3.

While the mother of the child states that the child was

baptised with the name “Johan Mani Sachin” as evidenced by Ext.P15 baptism certificate, it is the case of the father of the child that the name, that was agreed to between the parents, for the second child was “Abhinav Sachin”, as this was the name that was given to the child on the 28 th day ceremony.

In the application

filed by both the parties before the Municipality, the Registrar of Births & Deaths of the Municipality, the 2nd respondent in WP(C) No.19913 of 2017, took a stand that in the absence of a consensus between the parents of the child, the Municipality could not assign

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-3W.P.(C). Nos. 6457 of 2017(F) & 19913 of 2017(L)

a name to the child for the purposes of issuing a birth certificate in respect of the child. It is also indicated that in the absence of a consensus, a Court order would be required for the Municipality to act.

It is faced with this predicament that, both these writ

petitions have been filed by the respective parents of the child.

4.

I have heard the learned counsel appearing for the

petitioner in both these writ petitions as also the learned Standing Counsel appearing for the respondent Municipality in both these writ petitions.

5.

On a consideration of the facts and circumstances of

the case as also the submissions made across the bar, I find that while the petitioners in both these writ petitions are parties in a matrimonial dispute, that is pending before the Family Court, and the inter se rights of the petitioners in the said matrimonial dispute would be decided by the Family Court, it is an urgent requirement that a name be given to the second child of the petitioners, so that the second child can be admitted to a school, where a birth certificate would be a pre-requisite for admission. Counsel for the petitioner in WP(C) 19913 of 2017, would submit

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-4W.P.(C). Nos. 6457 of 2017(F) & 19913 of 2017(L)

that although the name given in the baptism certificate pertaining to the second child is “Johan Mani Sachin”, the petitioner is ready to give up the name 'Mani' in a gesture of reconciliation with the petitioner in WP(C) 6457 of 2017.

The latter, would however,

insist on the name “Abhinav” being retained in lieu of “Johan” in the name given to the second child. Taking note of the differences between the parents, I am of the view that, as a conciliatory measure and with a view to pacify both the parents of the child, it would be in the interests of justice to accede to the wishes of both the parents to the extent possible and therefore, assign the name “Johan Sachin” to the second child of the petitioners in both these writ petitions. The name “Johan” would represent the wishes of the mother of the child and the name “Sachin”, as a surname would satisfy the requirement of the father of the child as the said name would identify the child as his. This course of action would be in the interests of the minor child, who is now in the custody of the mother, with occasional custody granted to the father as per the directions of the family court. Accordingly, I dispose these writ petitions with a direction to the 2nd respondent in WP(C) No.19913 of 2017 to issue a birth certificate in respect of the second child of the petitioners in both these writ petitions by showing the name of

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-5W.P.(C). Nos. 6457 of 2017(F) & 19913 of 2017(L)

the child as “Johan Sachin” and the names of the parents in both these writ petitions as father and mother respectively in the columns assigned for the same in the birth certificate.

The

Registrar (Births & Deaths) shall issue the certificate as directed, within a period of two weeks from the date of receipt of a copy of this judgment. The parties can make use of the Birth Certificate granted pursuant to this judgment for effecting corrections, if any, in other certificates pertaining to the child for the purposes of the child obtaining benefits, statutory or otherwise. I make it clear that, this Court has not pronounced on any of the issues pertaining to the matrimonial disputes between the party in these writ petitions and the judgment deals only with the assigning of a name to the second child of the petitioners in both these writ petitions. The contentions raised in the writ petitions and the challenges against various exhibits, in particular, Ext.P5 in WP(C) 19913 of 2017, in their relation to the matrimonial dispute between the petitioners is left open.

sd/A.K.JAYASANKARAN NAMBIAR JUDGE das/10.04.2018