Payal Bhagwan Maher v. The State Of Maharashtra Through Its Secretary And Others

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 27 WRIT PETITION NO.6967 OF 2023 PAYAL BHAGWAN MAHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.Nayana P.Patil, Advocate for the Petitioner. Mr.S.G.Karlekar, AGP for the Respondent/State. Mr.U.S.Mote, Advocate for Respondent No.3.

( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : JULY 3, 2023 PER COURT :

1.

A peculiar case is brought before us. Admittedly, the Petitioner'

s biological father is Bhagwan Maher and her biological mother is Bharati Maher . Before she appeared for her S.Sc. and H.Sc. examinations, her maternal uncle orally decided to adopt her and get her name changed through the Maharashtra Gazette dated 30.06.2011. The Petitioner contends that it was an understanding that he would adopt the Petitioner. Subsequently, the wife of the maternal uncle delivered children and now, the maternal uncle is not willing to go ahead with the adoption of the Petitioner.

khs/July 2023/6967

- 2 - 2.

The Petitioner has directly approached us without approaching Respondent No.2 for seeking correction in the names of her father and mother.

3.

In view of the above, this Petition is disposed off with liberty to the Petitioner to file a representation to Respondent No.2. The said Authority would consider the peculiar aspects of this case as recorded in the opening paragraph of this order and pass an appropriate order under Rules 26.3 and 26.4 of the Secondary School Code, within 30 days from the date of filing of the representation. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/July 2023/6967