Delhi HC Lets Woman Replace Step-Mom's Name In CBSE Records, Cites Fundamental Right To Have One's Identity Linked With Biological Mother
While dealing with a daughter's case to have her biological mother's name entered in the official records, the Delhi High Court recognized the fundamental right to have one's identity linked with the biological mother.Justice Swarana Kanta Sharma observed that when the doors of rigid interpretations close, it is the courts' discretion that opens windows of hope for those left...
While dealing with a daughter's case to have her biological mother's name entered in the official records, the Delhi High Court recognized the fundamental right to have one's identity linked with the biological mother.
Justice Swarana Kanta Sharma observed that when the doors of rigid interpretations close, it is the courts' discretion that opens windows of hope for those left remediless.
Shweta, the petitioner, moved the Court seeking correction of her name and her biological mother's name in her 10th grade certificate and other educational records.
It was her case that she was separated from her mother at a young age due to her parents' marital discord. Her father, after remarrying, had entered the name of his second wife as her mother in her CBSE records. Later, despite her best efforts to substitute the name of her biological mother as against her step mother in the official records, no action was taken by the authorities
She therefore sought a direction to have her correct name and parentage reflected in her official documents.
The court that rigid application of the CBSE regulations in a “unique and personal circumstance” would result in unfair denial of justice to the petitioner which may seem trivial to some, but may mean the world her who was seeking to be recognized by the name of her biological mother.
To deny this right to her as a daughter would lead to denying her right to be known by the name of the mother who brought her to the world, the court said.
It further observed that the petitioner, an adult daughter, had expressed her desire to have her biological mother's name reflected in her official records which was not merely a legal formality but a matter of personal choice, identity and dignity.
Justice Sharma said that in a democratic society that upholds the legal rights of every citizen, the petitioner must be allowed to have her biological mother's name recorded in her official records.
“This Court questions as to where was the fault of this child, who was in secondary school, when her father unilaterally changed the name of her biological mother and substituted it with that of her stepmother. At such a tender age, the petitioner had no control over the decisions made by her parents, especially during a tumultuous period of familial discord, the court said.
It added: “The child was navigating her own challenges, while the adults in her life made choices that would have profound implications on her identity and sense of belonging. The unilateral alteration of her mother's name in official records not only disregarded her relationship with her biological mother but also imposed an emotional burden on her, as she was left to grapple with the ramifications of decisions made without her consent.”
The court partly allowed the petition and directed CBSE to correct the name of the petitioner and her mother in the Class 10th certificate within a period of one month.
However, the court found no reason to change her father's name, as she expressed her desire not to be identified by his name.
“This court is of the considered view that the father has the right to be known by his complete and proper name, and the petitioner does not have the locus standi to alter this aspect of his identity. Therefore, this prayer is liable to be rejected,” the court said.
Title: SHWETA v. CENTRAL BOARD OF SECONDARY EDUCATION & ANR.
Citation: 2024 LiveLaw (Del) 1067