Case details: X Vs The Commissioner Municipal Corporation, Town Hall, Chhatrapati Sambhajinagar and others (Writ Petition No. 2641 Of 2025)
Critical Point of Judgement: “A mother wanted municipal authorities to record her name in the birth record of their child as a single parent and for issuance of such a birth certificate citing the father has vices”.
Significant Findings in the Judgment: Satisfaction of ego in matrimonial disputes hampers welfare of child. Relief claimed shows the mother is treating her child as if it is a property in respect of which she can claim some rights, ignoring the interest and welfare of the child.
Important lessons from the Judgment:
- Requesting the name of mother as Single Parent in Birth Record is against interest of Child.
- Right of biological father cannot be separated because he has vices or not came to visit the child.
- Neither of the parents can exercise any right in respect of the child’s birth record.
Essential Conclusions:
- The right of child to have name of parent in birth records cannot be taken away.
- The mother cannot deny paternity of child for sake of satisfaction of her ego compromising welfare and interest of child.
Judgement Analyzed By,
Shailendra M Deshpande
Advocate & Trademark Attorney
+91 98900 32603
