• Lexcarts

    The Kerala High Court said that the name ‘Johan’ would signify the wishes of the mother of the child and the name ‘Sachin’, as a surname would satisfy the requirement of the father of the child as the said name would identify the child.

    Justice AK Jayasankaran Nambiar was hearing the case of the father who wanted his 5-year child to be named as ‘Abhinav Sachin’, while the mother acknowledged that the child was introduced with the name ‘Johan Mani Sachin’ and they both urged the same before the municipality. Further, The Registrar of Births & Deaths of the Municipality took a stand that in the lack of a compromise between the parents of the child; the municipality could not assign a name to the child for the purpose of issuing a birth certificate.

    Against which they both had approached the Kerala High Court aggrieved by the inaction on the part of the municipality to issue a birth certificate showing the name of the child as per their individual wishes.

    The court further observed that though the relationship between the couple drifted due to which they approached a family court to seek a divorce. Although the divorce case is still pending, so a birth certificate became an urgent requirement for the child to obtain admission in school.

    Finally, the mother, through her counsel, submitted before the court that she was ready to give up the name ‘Mani’ in a nod of compromise. However, the father insists on the name ‘Abhinav’ being retained in lieu of ‘Johan’.

    Eventually, the Court finally decided with ‘Johan Sachin’ as the name and further ordered to The Registrar of Births & Deaths of the Municipality to issue a birth certificate in the same name.

    In the final judgment, the court stated, “Taking note of the disparities between the couple, I am of the opinion that, as a peacemaking measure and with an opinion to pacify the couple, it would be in the interest of justice to accept to the demands of both the father and the mother to the extent possible and therefore, assign the name ‘Johan Sachin’ to the child”

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