Jainamb Nadheera v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Jainamb Nadheera ... Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai - 625020.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to change the name of the father as S.Imran Khan instead of K.Hameed Aslam in the birth certificate of the petitioner's minor daughter namely Farah Hafeezah register under the Registration No.281 of 2016, dated 18.07.2016 in the birth register maintained by the respondent on the basis of the representation made by the petitioner dated 28.01.2025.

For Petitioner : Mr.R.Aravindan For Respondent : Mr.S.Vinayak Standing Counsel 1/4

ORDER

This writ petition has been filed for a Mandamus to direct the respondents to change the name of the father of the petitioner's minor child from K.Hameed Aslam to S.Imran Khan.

2. It is an admitted fact that the minor child, namely, Farah Hafeezah was born on 30.07.2016 during the subsistence of the petitioner's marriage with K.Hameed Aslam. Therefore, in the birth certificate, the name of the father was recorded as K.Hameed Aslam. Further, the petitioner contracted a second marriage with S.Imran Khan after obatining a divorce from K.Hameed Aslam. Therefore, the petitioner has submitted a representation requesting to alter the name of the father in the birth certificate from K.Hameed Aslam to S.Imran Khan.

3. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

4. Although the learned Standing Counsel for the respondent submits that the scope of alternation is confined to Section 15 of the Tamil Nadu Registration of Births and Deaths Act, 1969, this Court has time and again passed orders 2/4

stating that the substitution of name also can be allowed as it confined to correction and cancellation of entry in the registration of births and deaths. It is open to the petitioner to produce copies of such judgments in her favour for considering the representation of the petitioner. The respondents are directed to consider the representation of the petitioner dated 28.01.2025 and pass appropriate orders on merits as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order.

5. The writ petition stands disposed of with the above direction. There shall be no order as to costs.

25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To The Commissioner, Madurai Corporation, Madurai - 625020.

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C.SARAVANAN, J.

sn 25.06.2025 4/4