IN THE HIGH COURT OF KARNATAKA, BANGALORE

DATED THIS ON THE 23RD DAY OF SEPTEMBER 2013

BEFORE

THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY

REGULAR FIRST APPEAL NO.1357 OF 2012

BETWEEN:

SRI SAVEEN SHIVAPUTRA NARI@SAVEEN NARI @SAVEEN AGED ABOUT 28 YEARS, S/O SRI SHIVAPUTRA NARI, RESIDING AT NO 15,RMV II STAGE, JALADARSHINI LAYOUT, SANJAY NAGAR, BANGALORE-560094

... APPELLANT

(By SRI.S.SHIVA SHANKAR FOR M/S UPASANA ASSOCIATES, ADVOCATE)

AND:

1.KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD, 6TH CROSS,MALLESHWARAM, BANGALORE-560003, REPRESENETED BY ITS DIRECTOR

2.DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS,MALLESHWARAM, SAMPIGE ROAD,BANGALORE, REPRESENETED BY ITS DIRECTOR

3.VISVESHWARAIAH TECHNOLOGICAL UNIVERSITY BELGUAM,JNANA SANGAMA, MACHHE,BELGUAM-590118, REPRESENETED BY ITS REGISTRAR (EVALUVATION)

4.OFFICE OF THE INCOME TAX DEPARTMENT GOVERNMENT OF INDIA, INCOME TAX,PAN SERVICES UNIT, UTITSL PLOT NO 3,SECTOR 11,CBD,ELAPUR, NAVI MUMBAI-400614

5.THE ASSISTANT ROAD TRAFFIC OFFICER AND THE LICENSING AUTHORITY, CHIKODI

6.THE ELECTION COMMISSION OF INDIA THROUGH THE ELECTROAL REGISTRATION OFFICER,11,BELGAUM NORTH ASSAMBLY CONSTITUENCY,BELGAUM

... RESPONDENTS

(BY SRI: P S JAGADEESH, ADVOCATE FOR R4 R2, R3, R5, R6 ARE SERVED AND UNREPRESENTED NOTICE TO R1 IS HELD SUFFICIENT)

RFA FILED U/ SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 16.6.2012 PASSED IN O.S.1394/2011 ON THE FILE OF THE XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND MANDATORY INJUNCTION.

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The plaintiff/appellant is before this Court in this appeal challenging the judgment and decree dated 16.06.2012 passed by the XL.Addl. City Civil & Sessions Judge, Bangalore in O.S.No.1394/2011.

2. The plaintiff/appellant filed the said suit for declaration, declaring that his name to be called as Naveen Shivaputra Hirebeel instead of Saveen, Saveen Shivapurtra Nari and Saveen Nari and further sought declaration for declaring that all the practical purposes he shall be called as Naveen Shivaputra Hirebeel and the concerned authorities shall change in all the places wherever his name has been found and referred as Saveen Shivaputra Nari or Saveen Nari. It is contended by the plaintiff/appellant that his name has been called in different names and his name is also referred differently in certificates issued by the schools and colleges which make discrepancies and cause great hardship to the plaintiff/appellant.

3. In response to the notice, the respondent No.4, Office of the Income Tax, Mumbai filed a written statement which is based on the information furnished by the plaintiff/appellant and respondent No.4 has no objection if his name is changed to Naveen Shivaputra Hirebeel.

4. The trail Court on the basis of pleadings framed issues and all the issues were answered against the plaintiff/appellant. Relevant issue framed is 1 and 2.

"1. Whether the plaintiff. Proves that his correct name is Naveen S/o Shivaputra Hirebeel, but is wrongly mentioned in all his school and college records and the same is to rectified correctly as alleged?

2. Whether the plaintiff is entitled to the relief of declaration and for mandatory injunction against defendents, as prayed ?"

3. The reasons assigned in dismissing the suit is that if a person wants to change his existing name and to have a new name he has to follow the procedure prescribed by the State Government or Central Government, approaching the court for change of names is not been permitted. The Court cannot declare new name which was not in existence prior to filing of the suit. It was further referred by the Court below that the plaintiff/appellant has not followed the procedure prescribed under the Government orders.

4. The plaintiff/appellant has examined himself as PW1 and has relied on documents by marking as Exs.P1 to P26. Though the defendants have been served they have not entered appearance, except defendant No.4.

5. The point that arises for my consideration is; whether the court has committed an error in dismissing the suit on the ground that the plaintiff/appellant cannot seek declaration for change of name unless some discrepancies

5

shown to the satisfaction of the court in the educational certificates. In order to answer the said point it is relevant and appropriate to refer the Government order. The circular Ex.P-26 issued by the office of the Public Instructions dated 02.05.2000 in No.A5(1)/A5(8)SHASHIHA JATHI 23/89-90. The item No.4 is relevant which enables a person to get his name changed from prevailing to different name and the changed name can be altered in the educational records if the party has obtained declaration from the competent Court. Rightly, though the said circular is not very relevant in the present purpose since the prayer is not for changing his name for the purpose of obtaining educational certificates alone. It is the case of the plaintiff that he has been called by different names namely, Saveen, Saveen Shivapurtra Nari and Saveen Nari, this cause inconvenience and discrepancies to approach authorities like, The Assistant Road Traffic Officer and the Licensing Authority, the Election Commission of India, the Income Tax department and Department of Education etc. The case of the plaintiff/appellant has been examined by the documents produced and marked namely Ex.P1-certificate issued by the KSEEB in which the name of the plaintiff/appellant has been referred as Saveen, Father name is Shivaputra Nari, in Ex.P2 –certificate issued by the department of Pre-University Education where it is referred as Saveen Nari, father name is Shivaputra Nari, in Ex.P3- BE certificate issued by the Visveswaraiah Technological University, Belgaum where the name has been referred as Saveen Shivaputra Nari, like this in all other documents as per Exs.P4 to P14 the plaintiff/appellant name has been referred differently. It is true that this discrepancies or names called in different names cause inconvenience and the plaintiff/appellant has to face different situation especially when he is before the Election Commission for various purposes or before the Verification Officer for different purposes. In order to avoid this situation or inconvenience it is open to any person to get his name changed from prevailing name to new name. It is pertinent to state that it is not necessary that only the circumstances of this nature the person can get his name changed to any person at any point of time if his name found right can get his name changed by approaching the competent court seeking declaration. I hold that the court has erred in rejecting the suit by assigning the reasons that the plaintiff/appellant should have approached the court for declaration when discrepancies in the educational records is found, for which the Government order is passed to change the name is an error and it is clarified that person has got right to get his name changed. It is not the case or situation where a party wants to change his name for committing fraud or any of the illegal activities, then the person who gets his name changed is liable for criminal proceedings.

With these observations the points arisen has been answered accordingly.

The suit has been decreed and the plaintiff/appellent's name has been declared as Naveen Shivaputra Hirebeel, S/o Shivaputra Nari.

Accordingly, this appeal is allowed.

Sd/- JUDGE

HR