Smt Pushpa W/O Somaraddi Ritti Vs the Chief Registrar of Births and Deaths

ALL RESIDENT OF WARD NO.6 # 152, NEAR LINGA BASAVESHWAR TEMPLE, GULAGANDI, SHIROL, TQ: RON, DIST: GADAG-582 207 (SINCE PETITIONER NO.2 AND 3 ARE MINORS R/BY MINOR GUARDIAN I.E., NATURAL MOTHER PETITIONER NO.1)

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…PETITIONERS

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(BY SRI. S.B. PATIL, ADVOCATE)

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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AND:

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THE CHIEF REGISTRAR OF BIRTHS AND DEATHS, ZONAL OFFICER, ZONAL OFFICE NO.05, VIDYANAGAR HUBBALLI, HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST: DHARWAD-560001.

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…RESPONDENT

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(BY SRI. R.H. ANGADI, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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A. ISSUE A WRIT, OR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ENDORSEMENT DATED 16-62025 IN FILE NO.H.D.M.C/VA.K.NO.05/2025-26 VIDE

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NC: 2025:KHC-D:8286 WP No. 104106 of 2025

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HC-KAR

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ANNEXURE-H ISSUED BY THE RESPONDENT AND ALSO THE ENDORSEMENT DATED 16-6-2025 IN FILE NO.H.D.M.C/ VA.K.NO.05/2025-26 VIDE ANNEXURE-H1 ISSUED BY THE RESPONDENT.

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B. ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CHANGE THE MOTHER NAME OF THE PETITIONER NO.2 AND 3 AS “PUSHPA” INSTEAD OF KAVYA IN BIRTH CERTIFICATES OF THE PETITIONER NO.2 AND 3 (ANNEXURE-A AND B) AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Petitioners have filed this petition seeking to

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quash the endorsement issued by the respondent dated

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16.06.2025 at Annexures-H & H1. It is the case of the petitioner No.1 that petitioner Nos.2 and 3 are her twin children. She has stated that they were born on 09.04.2019 at Hebsur Hospital, Hubballi. In the birth certificate of the petitioner Nos.2 and 3, name of mother is mentioned as Kavya Somaraddi Ritti, whereas it is the contention of the learned counsel for the petitioner that name of petitioner No.1 is Pushpa Somaraddi Ritti as per the Aadhar Card and SSLC marks card. It is contended by

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the learned counsel for the petitioners that at the time of

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3 - NC: 2025:KHC-D:8286 WP No. 104106 of 2025

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HC-KAR

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birth of the children, petitioner No.1 had mentioned her name as Kavya Somaraddi Ritti, which is incorrect.

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The petitioner No.1 gave a representation to the respondent on 07.05.2025 requesting the respondent to correct her name in the birth certificate of her children i.e., petitioner Nos.2 and 3 along with her sworn affidavits. She submits that the same is to be rectified for the educational purpose and for issuing of passport of the minor children, which was rejected by the respondent. Hence, aggrieved by the same, the petitioner is before this Court.

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It is the contention of petitioner No.1 that her

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name is Pushpa, but after her marriage, it was changed as Kavya. She submits that all her documents contain the name as Pushpa, therefore it is necessary to correct the name in the birth certificates of petitioner Nos.2 and 3 to set right for future purpose. It is the contention of the learned counsel for the petitioner that as per Section 15 of

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HC-KAR

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the Registration of Births and Deaths Act, 1969, the Registrar has the power and authority to correct the name as per the Act and the Rule. Hence, he seeks to allow the petition.

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I have heard the learned counsel for the petitioners and the learned counsel for the respondent.

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A short point for consideration before this Court is for correction of the name of petitioner No.1 in the birth certificate, who is mother of petitioner Nos.2 and 3, which is shown as Kavya Somaraddi Ritti, whereas according to petitioner No.1, her name is Pushpa and pursuant to her marriage, she had changed her name to Kavya Somaraddi Ritti but her educational record and Aadhar Card reflect her name as Pushpa Rayaraddi, therefore she is before this Court to set right the name to avoid any future issues of her minor children. She has also filed an affidavit to that effect. As per the provisions of Section 15 of the Act and Rule 11(4) of the Registration of Births and Deaths Act,

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5 - NC: 2025:KHC-D:8286 WP No. 104106 of 2025

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HC-KAR

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1969 and Rules 1999, there is a provision which is made for correction and cancellation of entry in the register of births and deaths. Therefore when the petitioner has sought for alteration and correction of the same, it is permissible for the authority to correct the same on the basis of the documents produced by petitioner No.1. In the present case, petitioner No.1 has given her name as Kavya Somaraddi Ritti and hence mother’s name is mentioned as Kavya Somaraddi Ritti in the birth certificate of petitioner Nos.2 and 3, which requires to be changed to Pushpa Somaraddi Ritti as she is married to Somaraddi Timmaraddi Ritti and her name has become Pushpa Somaraddi Ritti. Under the circumstances, this Court is in agreement with the learned counsel for the petitioners. Accordingly, I pass the following:

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ORDER

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(i) Petition is allowed.

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NC: 2025:KHC-D:8286 WP No. 104106 of 2025

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HC-KAR

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(ii) The impugned endorsement dated

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16.06.2025 vide Annexures-H and H1 issued

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by the respondent is hereby quashed.

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(iii) Writ of mandamus is issued directing the respondent to change the name of the petitioner No.1 in the birth certificates of petitioner Nos.2 and 3 as Pushpa Somaraddi Ritti instead of Kavya Somaraddi Ritti.

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(iv) The said exercise shall be completed within four weeks from the date of receipt of copy of this order.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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KGK CT-MCK List No.: 1 Sl No.: 12

Smt Pushpa W/O Somaraddi Ritti v. the Chief Registrar of Births and Deaths

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Smt Pushpa W/O Somaraddi Ritti v. the Chief Registrar of Births and Deaths

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