Father Being Addicted To Vices Is No Ground For Mother To Claim Right To Be Single Parent, Mask Child's Paternity In Birth Records: Bombay HC

Even if a father has not seen the face of the child since its birth and is addicted to vices, does not give a right to the mother to become a single parent and mask the paternity of the child in its birth record, the Aurangabad bench of the Bombay High Court held recently. 

A division bench of Justices Mangesh Patil and Yanshivraj Khobragade said parents embroiled in matrimonial disputes, cannot claim right over the child's birth record, just to 'satisfy their egos.' The bench therefore, imposed a cost of Rs 5,000 on a woman, who sought to remove her husband's name from their child's birth records. 

"This petition substantiates a common experience as to how a matrimonial dispute is genesis for multiple litigation. Apart from the series of litigations in the form of divorce proceeding, restitution proceeding, domestic violence cases, maintenance, child custody, the present petition in that series, is an addition. This demonstrates as to what extent the parents embroiled in a matrimonial dispute, can go to satisfy their ego," the judges observed in the order passed on March 28. 

The judges wondered how the petitioner mother, for reasons best known to her, could even wish to mask the paternity of her child. 

"It is not that she is disputing that respondent no. 3 has fathered the child. Only because she alleges that he has never seen the face of the child and is addicted to vices that she claims it gives right to her to be recorded in the birth record as a single parent. The issue, in our considered view, is quite a serious and the petitioner, in spite of being the biological mother, cannot insist therefor," the bench held.

The judges noted that in the instant case, the mother only wanted to satisfy her own ego and was least bothered about the interest of her child.

"The child has not even been made a party. The relief being claimed, clearly demonstrates that she can go to the extent of treating her child as if it is a property in respect of which she can claim some rights, ignoring the interest and welfare of the child. In all such matters, the welfare of the child is of paramount consideration. The very request of the petitioner for recording her name as a single parent in the birth record, undermines the child's interest," the bench opined. 

The judges were seized with a plea filed by a 38-year-old woman, who sought a direction to the Commissioner of Chhatrapati Sambhajinagar Municipal Corporation (CSMC) to remove the name of the child's father - her estranged husband. She urged the court to direct the municipal authorities to instead record her name in the birth record of their child as a 'single parent' and for issuance of such a birth certificate.

However, the bench while referring to various orders of the Supreme Court on the issue, opined that neither of the parents have no right in respect of the child's birth records, since it (birth records) has consequences on the child's identity in the society. 

"This (SC rulings) clearly underscores the right of a child how he wishes to be known by the society. Neither of the parents can exercise any right in respect of the child's birth record," the bench observed.  

The judges, therefore, dismissed the petition saying that it was a "sheer abuse of the process and waste of precious time of the Court."

Appearance:

Advocates Sanket Kulkarni and Suvidh Kulkarni appeared for the Petitioner. 

Case Title: ST vs Commissioner, Municipal Corporation (Writ Petition 2641 of 2025)

Citation: 2025 LiveLaw (Bom) 129

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