Kum. Sunidhi Adiga vs The State Of Karnataka
2023 Latest Caselaw 1287 Kant

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                                                  RFA No. 314 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 14TH DAY OF FEBRUARY, 2023

                                       BEFORE
                    THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                     REGULAR FIRST APPEAL NO. 314 OF 2023 (DEC)
               BETWEEN:

               KUM. SUNIDHI ADIGA
               (OLD NAME KUM. SUNIDHI)
               D/O VASUDEVA ADIGA
               AGED ABOUT 24 YEARS
               R/AT NO.12460
               6TH CROSS 26TH MAIN
               NEAR DENTAL COLLEGE
               JP NAGAR 1ST PHASE
               BENGALURU-560078                        ...APPELLANT

               (BY SRI. PRASAD B S., ADVOCATE)

               AND:

               1.    THE STATE OF KARNATAKA
                     BY ITS CHIEF SECRETARY
Digitally            VIDHANA SOUDHA
signed by C          BANGALORE-560001.
MALATHI
Location:      2.    SECRETARY
High Court           INDIAN CERTIFICATE OF
of Karnataka         SECONDARY EDUCATION EXAMINATION
                     BOARD, PRAGATI HOUSE, 3RD FLOOR
                     47-48, NEHRU PLACE
                     NEW DELHI 110019.

               3.    PRINCIPAL
                     RYAN INTERNATIONAL SCHOOL
                     BANNERGHATTA, JIGGNI HOBLI
                     ANEKAL TALUK
                     BENGALURU-560083.
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                                         RFA No. 314 of 2023




4.   REGISTRAR OF BIRTHS AND DEATHS
     NAGARASABHE
     BADRAVATHI NEW TOWN
     BADRAVATHI-577235                     ...RESPONDENTS

(BY SMT. SHOBHA K, HCGP. FOR R1 & R4:
NOTICE TO R2 & R3 DISPENSED WITH
V/O DATED: 14.02.2023)
     THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 08.02.2023 PASSED IN
OS No.6782/2022 ON THE FILE OF THE VII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, DISMISSING THE SUIT FOR
DECLARATION.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

This appeal is filed by the plaintiff under Section 96

of Civil Procedure Code challenging the judgment and

decree dated 08.02.2023 passed by the 7th Additional City

Civil and Sessions Judge, Bengaluru in O.S.No.6782/2022,

whereby the suit has been dismissed.

2. For the sake of convenience, the parties are

referred to as per their rankings before the trial court.

3. The brief facts of the case are that the plaintiff is

a citizen of India and ordinary resident residing at No.M

14, 26th Main, 1st Phase, J.P.Nagar, Bengaluru. The

RFA No. 314 of 2023

plaintiff was born on 11.11.1997. The name of her father

is Vasudeva Adiga and mother's name Anita Adiga. She

has done her schooling and Pre-University Education also

at Bengaluru and she joined Engineering in Visveswaraiah

Technological University, Belgaum and completed her B.E.

Course in the year 2019. In all her educational records,

her name has been shown as only 'Sunidhi'. In the year

2022, she had intended to do her MBA and she had

applied for various universities. One of the universities is

the University of Toranto, School of Graduate Studies at

Canada. Then only she came to know that to study in the

said University, her name has to be followed by a

surname. Therefore, immediately she has given a notice to

the State Government, Secretary, Indian Certificate of

Secondary Education Board, New Delhi, concerned

educational institution on 03.06.2022 to change her name,

adding surname in the education records as 'Sunidhi

Adiga'. Since they have not effected the same pursuant to

the legal notice, the plaintiff has filed a suit on 20.10.2022

seeking declaration that the plaintiff has assumed her

RFA No. 314 of 2023

name as 'Sunidhi Adiga' and has abandoned her earlier

name 'Sunidhi'. The trial court has dismissed the suit by

judgment and decree dated 08.02.2023. Being aggrieved

by the same the plaintiff is before this Court.

4. Sri Prasad B.S., the learned counsel appearing

for the appellant has contended that the cause of action

for filing the suit arises in the month of January 2022,

when the plaintiff has decided to study Masters Degree in

Overseas University and she had applied to some of the

Universities, one of which is Toranto University at Canada.

In the month of February 2022, she came to know that to

study in the overseas University she requires to change

her name by adding surname. Immediately, legal notices

have been issued as per Ex.P10 on 03.6.2022. Since no

action has been taken pursuance to the notice, suit has

been filed on 20.10.2022. The suit is filed in time and as

per Article 113 of the Limitation Act, three years imitation

is there to file a suit from the date the cause of action

RFA No. 314 of 2023

arises and the trial court has not considered this aspect of

the matter.

5. He further contended that the plaintiff was born

in the State of Karnataka, she has completed her studies

in the State of Karnataka, she requires to change her

name in the education records in the State of Karnataka.

Hence, she is not required to make central Government as

a party. But ICSE Board is made as a party. The trial

court has erred in dismissing the suit only on the ground

that the Central Government is not made as a party.

Hence he sought for allowing the appeal.

6. Per contra, learned HCGP appearing for the State

has contended that the plaintiff has studied in Karnataka

State and the State Government is a necessary party. The

notice issued by the plaintiff to defendant Nos. 1 to 4 on

03.06.2022. As per the circular issued by the State

Government, it is appropriate course for the plaintiff to

approach the civil court for obtaining decree which is the

RFA No. 314 of 2023

only authority to make a change in the school records.

Therefore, they have not taken any action on the legal

notice.

7. She further contended that on the basis of the

evidence of the parties, if this Court grants a decree as per

the provisions of law, the authority will change the name

of the plaintiff in the education records.

8. Heard the learned counsel for the parties.

Perused the impugned order and the original records.

9. The only point that arises for consideration in

this appeal is 'whether the judgment and decree passed

by the trial court is perverse and arbitrary in the facts and

circumstances of the case?

10. It is not in dispute that the plaintiff is a citizen

of India and an ordinary resident of Bengaluru. The

plaintiff was born on 11.11.1997. Vasudeva Adiga is the

father of the plaintiff and Anita is the mother. The plaintiff

RFA No. 314 of 2023

has completed her schooling and graduation in Karnataka.

As per the evidence and pleadings of the plaintiff, in the

month of January 2022 she has decided to do Masters in

Overseas University and she had applied for Overseas

University. One of the University is the Toranto University,

Canada. Then she came to know that, to study in

Overseas University, she requires to add her surname.

Immediately, thereafter on 03.06.2022, she has issued a

legal notice to the State Government, ICSE Board and the

concerned educational institution as per Ex.P10. Since no

action has been taken pursuant to the legal notice, suit

has been filed on 20.10.2022. By looking into the

pleadings and the documents produced by the plaintiff it is

clear that the platen has filed the suit within three years

from the date of the cause of action.

11. Even on perusal of the evidence of the plaintiff

and the documents produced, i.e., Ex.P1 - birth

certificate, Ex.P7 - PUC marks card and Ex.P8 - marks

cards of B.E. degree, it is clear that she has completed her

RFA No. 314 of 2023

schooling and graduation in Karnataka. Since the prayer

is to carry out change of name in the education records at

Karnataka State, therefore, the necessary parties to the

suit are defendant Nos.1 and 4.

12. I have gone through the evidence of the

plaintiff and also Ex.P2 - Aadhar card, Ex.P3 - Voter ID,

Ex.P4 - driving licence, Ex.P5 - passport and Ex.P6 - pan-

card. Therefore, it is very clear that Vasudeva Adiga is the

father of the plaintiff. She wants to add surname 'Adiga'

in her educational records after the name 'Sunidhi'. In

view of the above, the plaintiff's name deserves to be

changed as 'Sunidhi Adiga', instead of 'Sunidhi', by adding

the surname 'Adiga'.

The point for consideration is answered accordingly.

13. In view of the above, the appeal is allowed.

The judgment and decree passed by the trial court is set

aside. The suit is decreed. The appellant is permitted to

change her name from 'Sunidhi' to 'Sunidhi Adiga'. The

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appellant is also permitted to publish the change of name

in a leading daily newspaper within two weeks from the

date of issuance of the certified copy of today's order.

Thereafter, she can approach respondent Nos. 1 and 4 for

change of name in all the educational records.

Respondent Nos. 1 and 4 are directed to change the name

of the plaintiff in all the educational records, in accordance

with law.

Sd/-

JUDGE

CM