SMT. SWETHA MANJUNATH v. CHIEF REGISTRAR OF BIRTHS AND DEATHS
WP/35699/2025 · 2026-08-24
T P Vivekananda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36679 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36679 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010764752025 NC: 2026:KHC:45529 WP No. 35699 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 35699 OF 2025 (GM-RES) BETWEEN:
SMT. SWETHA MANJUNATH W/O ACHAL RAMESH AGED ABOUT 39 YEARS RESIDING AT NO.2148 PRESTIGE ELYSIAN BANNERGHATTA ROAD BANGALORE SOUTH-560 076
…PETITIONER (BY SMT: RASHMI K, ADVOCATE) AND:
1.
CHIEF REGISTRAR OF BIRTHS AND DEATHS 7TH FLOOR VISVESHWARAIAH MAIN TOWER BANGALORE-560 001
2.
DEPUTY HEALTH OFFICER BIRTH AND DEATHS REGISTRATION SECTION BOMMANAHALLI ZONE BANGALORE-560 076
…RESPONDENTS (BY SMT: NAVYA SHEKHAR, AGA FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO POSITIVELY CONSIDER THE
Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010764752025 NC: 2026:KHC:45529 WP No. 35699 of 2025
REPRESENTATION DATED 16/08/2025 SUBMITTED BY THE PETITIONER AT ANNX-F.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA
ORAL ORDER
Petitioner is before this Court seeking the following prayers:
"WHEREFORE, the petitioner most humbly prays that this Hon'ble Court kindly be pleased to call for relevant records and; (i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to positively consider the representation dated 16.08.2025 submitted by the petitioner at Annexure-D. (ii) Pass issue such other writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."
2. The request made in the representation dated 16.08.2025 at Annexure-F is for change of the name of
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HC-KAR
CNR: KAHC010764752025 NC: 2026:KHC:45529 WP No. 35699 of 2025
Avyukth Achal in the place of Avyukth Raghavendra and also to change the father name as Achal Ramesh against the name of Raghavendra. According to the petitioner, the request made in the representation is not considered by the respondents and therefore, the petitioner is constrained to approach this Court in the present writ petition. 3. The averments made in the writ petition discloses that the petitioner married to Sri. C.D. Raghavendra. Out of the wedlock, she gave birth to a child who was named as Avyukth Raghavendra. The husband of the petitioner died on
20.06.2017. After the death of C.D. Raghavendra, the petitioner married to one Sri Achal Ramesh. In view of the said marriage, the petitioner intended to change the name of her son from Avyukth Raghavendra to Avyukth Achal. It is also on record that on 08.12.2023, the step father has taken the child Avyukth Raghavendra in adoption and in the deed of adoption, the name of the child is shown as Avyukth Achal. 4. The petitioner, on the basis of registered deed of adoption and affidavit of declaration by the stepfather and the petitioner herein, approached the respondent authorities
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HC-KAR
CNR: KAHC010764752025 NC: 2026:KHC:45529 WP No. 35699 of 2025
requesting for change of name of the child as well as the name of the father in the birth certificate. In addition to approaching the respondents, the petitioner has also approached Central Adoption Resource Authority i.e. CARA for the change of name of the child as well as the adoptive parent.
The said authority had issued an Official Memorandum dated 09.02.2026 informing that in light of the registered deed of adoption executed in terms of the provisions of Hindu Adoption and Maintenance Act, 1956, the said authority cannot process the application of the petitioner. 5. The petitioner has also approached the Child Welfare Committee, Bengaluru Urban, requesting to change the name of the child as well as the name of father in the birth certificate. The said authority has also informed on 04.07.2026 that as the adoption process has been carried out under the provisions of Hindu Adoption and Maintenance Act, 1956, the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 are not applicable to the case. 6. When the matter is taken up for consideration, learned AGA has brought to the notice of this Court that in
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HC-KAR
CNR: KAHC010764752025 NC: 2026:KHC:45529 WP No. 35699 of 2025
identical circumstances, this Court has directed the authorities concerned to carry out necessary corrections in the birth certificate based on the registered deed of adoption. Learned Additional Government Advocate has produced copies of the
order passed by the co-ordinate Bench in Srivastsa M Subodha and Others Vs The Government of Karnataka and Another1, which was again followed by the co-ordinate Bench of this Court in Sri Manhohara Vs The State of Karnataka and Another2
7. The facts and circumstances obtaining in the present case and the orders which are referred to supra are more or less similar. In that view of the matter, the petitioner is also entitled for the similar relief.
8. Hence, the following:
ORDER
(i) Writ Petition is allowed in part.
(ii) The respondents are hereby directed to consider the representation dated 16.08.2025 at Annexure-F for the change
1 WP 6961/2023 DD 06.06.2023 2 WP 12761/2026 DD 28.04.2026
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HC-KAR
CNR: KAHC010764752025 NC: 2026:KHC:45529 WP No. 35699 of 2025
of name of son of the petitioner from Avyukth Raghavendra to Avyukth Achal and also make necessary changes in the column provided for the name of the father as Achal Ramesh, in the Birth Certificate, taking into consideration the registered deed of adoption dated 08.12.2023 at Annexure-D and the communication of the Child Welfare Committee, Bengaluru Urban West (Anekal) and the Central Adoption Resource Authority.
(iii) Any further information or documents required to carry out the aforesaid direction, the respondents are at liberty to call upon the petitioner to produce the same.
(iv) The respondents are directed to comply with the above direction within a period of six weeks from the date of receipt of certified copy of the order.
Sd/- (T.P.VIVEKANANDA) JUDGE
BGN List No.: 1 Sl No.: 14