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Against logic to change parentage,says court

The law is all about logic and common sense. And logic states that you can change everything in your life except your parentage.

Written by Utkarsh Anand | New Delhi |
April 14, 2009 12:32:02 am

The law is all about logic and common sense. And logic states that you can change everything in your life except your parentage.

A city court concurred with this view while dismissing a plea by a girl who wanted to change the name of her father in her school documents after her mother remarried.

The additional civil judge at Karkardooma Courts noted that even though the applicant’s mother had divorced her first husband and married another man,the fact that the girl was fathered by her mother’s first husband could not be refuted.

Therefore,it will remain undisputed that the girl’s father is her mother’s first husband,it observed.

The 17-year-old girl had filed a civil suit through her mother,requesting the court to pass a declaration for changing not only her name but also the name of her father in all educational certificates with retrospective effect.

The applicant had demanded the changes on the ground that her mother had re-married in July 2007 after divorcing her first husband.

The petition sought necessary directives to the CBSE and her school in Punjabi Bagh for bringing changes in all their records relating to her.

The CBSE and the school,during arguments,challenged the petition and contended that while they had no issue as far as changing the name of the girl was concerned,the desired change in the name of her father did not appeal to logic even after the re-marriage of her mother.

After hearing the arguments of the two sides,the court found favour with the girl’s plea seeking to change her name in the records.

However,the second plea regarding the change in her father’s name failed to impress the court.

“In my opinion,the pre-existing legal character of a person cannot be changed later on with back effect. It is an undisputed fact that the applicant is the child of her mother and her first husband. Hence,he shall remain her father and his name cannot be changed,” the court held in a recent decision.

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