V.Nanthakumar v. No Respondent

O.P.NO.354 OF 2022 KRISHNAN RAMASAMY, J.

This matter has been listed today, under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.

2. By order, dated 11.08.2022, this Court allowed the above mentioned Original Petition with the following observation: (i) The first and second petitioners are hereby appointed as the natural guardians/parents of the minor male child G.Krishnakumar, whose date of birth is 13.10.2013, and the first petitioner hereby declared as the father of the said minor male child and consequently the said minor male child is entitled to the legal status of a biological child with all the rights of succession and inheritance.

ii) The first and second petitioners are hereby directed to furnish an Undertaking to the effect that the child will inherit all moveable and immoveable properties as their inheritor as are available to their biological children if any."

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3. While so, the learned counsel for the petitioners would submit that in the absence of a direction to the Birth Certificate issuing Authority to incorporate the name of the father, namely, V.Nanthakumar (1st petitioner herein), who is now declared as biological father by this Court, the said Authority is refusing to incorporate the same in the Birth Certificate of the minor child. Therefore, the learned counsel would urge this Court to issue a direction in this regard, in the interest and welfare of the child.

4. Considering the submission made by the learned counsel for the petitioners and since this Court declared the 1st petitioner as father of the minor, this Court is inclined to issue the following direction, viz., "The Birth Certificate issuing Authority is directed to issue fresh Birth Certificate for the said minor child after incorporating the names, V.Nanthakumar, as the father, who is declared as father of the minor child by altering the name as "N.S.Krishnakumar instead of G.Krishnakumar", within five working days from the date of application thereof, as per the provisions of Regulation 36 of the Adoption Regulations, 2017." 2/4

The Registry is directed to incorporate the above as sub para (iii) in para 8 in the order, dated 11.08.2022 and issue a fresh copy of the order.

Suk 30.09.2022 Note: Issue order copy by today itself 3/4

KRISHNAN RAMASAMY, J.

suk O.P.No.354 of 2022 30.09.2022 4/4