Delhi HC permits girl to keep biological mother’s name, omit stepmother’s in official docs | Latest News Delhi

The Delhi high court allowed a daughter to replace her stepmother’s name with that of her biological mother in all official academic records, recognising the fundamental right to have one’s identity linked with one’s biological parent.

Taking note of the girl’s circumstances, wherein she alleged she was mistreated by her father and stepmother, a bench of justice Swarana Kanta Sharma opined that the denial of the relief would lead to denying her the right to be known by the name of the mother who brought her to the world.

In its 25-page ruling, made available on Friday, the judge opined that the case in hand was not a legal battle, but a personal one in which the daughter was fighting to be rightfully recognised as the child of her biological mother.

“Therefore, this court, recognising the petitioner’s legitimate right to have her identity connected with that of her biological mother by way of her voluntary choice, and understanding the unique circumstances of her roller coaster life, cannot overlook the emotional and psychological weight attached to this issue. This court cannot leave the adult daughter living with a psychological burden of seeing the name of her stepmother, where her own biological mother has been raising her after the second marriage of her biological father,” the court said in its September 23 order.

The girl had approached the high court seeking to direct the Central Board of Secondary Education (CBSE) to correct her mother’s name by replacing her stepmother’s name with her biological mother’s name in the admission and examination records. In the petition, the girl stated that she had written letters to the CBSE to rectify the error and replace the names, but the board failed to respond.

The girl in her petition claimed that she had been unjustly deprived of her right to be recognised by her correct identity in official records and that her father, who enrolled her in the school, not only wrongly misrepresented her surname but also wrongly attributed the name of his second wife, as her mother. She claimed that her father had forcibly taken custody against her biological mother’s wishes when she was an infant and had later entered his second wife’s name as her mother.

The CBSE’s counsel had contended that the existing bye laws do not permit amendment to a candidate’s parental names once the form has been filled, and the incorrect name is entered therein.

Rejecting the contentions, justice Sharma in the ruling opined that rigid application of the regulations in such a unique and personal circumstance would result in unfair denial of justice to her which may seem trivial to some, however, may mean the world to a daughter seeking to be recognised by the name of her biological mother.

“This court is of the firm opinion that when the doors of rigid interpretations close, it is the courts’ discretion that opens windows of hope for those left remedy-less,” the court maintained.

CBSE, the court noted, was opposing the petition purely for the sake of formality and thus reminded the board of its “primary duty” to serve the people and facilitate justice.