‘Men Too Have Dignity’: Kerala High Court Allows Change Of Father’s Name In Birth Certificate

Court permits correction in record of child born during extra-marital relationship, citing dignity and future of minor

The Kerala High Court has allowed the correction of a father’s name in the birth certificate of a minor girl born during an extra-marital relationship, observing that “men too have dignity, pride, self-respect and social identity.”

The decision was delivered by a single bench of Justice P.V. Kunhikrishnan while hearing a petition filed by a woman and her current husband seeking to replace the name of her former husband in the child’s birth certificate with that of the biological father.

Background Of The Case

According to court records, the woman married her first husband in 2006 and the couple had a son. During the marriage, she entered into an extra-marital relationship with another man and gave birth to a daughter in 2017.

At the time of the child’s birth, the husband believed the girl was his daughter and informed hospital authorities accordingly. As a result, his name was entered as the father in the official birth register.

Later, marital disputes arose and the couple obtained a mutual divorce in 2023 under the Hindu Marriage Act. After the divorce, the woman married the man with whom she had the relationship.

The couple then approached the High Court requesting correction of the father’s name in the birth certificate, stating that the child’s school required the correct details in official documents.

Court’s Observations

While hearing the case, the High Court described it as “a sad story of an unfortunate man whose wife led an adulterous life while the marriage existed.”

Justice Kunhikrishnan observed that in societies where marital fidelity is highly valued, a husband could feel publicly ridiculed if his name continues to appear as the father of a child who is not biologically his.

“I am of the opinion that all should stand behind the men as well, because they too have dignity, pride, self-respect and social identity,” the court said.

The court also noted the “gentlemanly attitude” of the woman’s former husband, who did not oppose the petition despite knowing the circumstances, apparently keeping the child’s future in mind.

“Considering the plight of the minor child and the gentlemanly attitude of the ex-husband, I think the correction can be allowed… Let the name of the child’s father be correctly mentioned in the birth register before she becomes major. Let there be a quietus,” the court added.

Legal Aspect And Final Direction

The court examined provisions under the Registration of Births and Deaths Act, 1969 and the Kerala Registration of Births and Deaths Rules, 1999, which allow corrections in official records.

It noted that registrars generally have limited authority to change such entries unless supported by evidence like a DNA test or a court order.

Invoking its powers under Article 226 of the Constitution, the High Court directed the Thrissur Municipal Corporation to make a marginal correction in the birth register, mentioning the biological father’s name without removing the original entry.

The corporation has been instructed to issue a corrected birth certificate within 30 days after receiving the application.

The court also directed that the names of the minor child and the former husband be masked when the judgment is published online to protect their privacy.

The judge emphasised that the decision was taken keeping in mind both the dignity of the individuals involved and the future of the minor child.