Uttarakhand High Court
Km. Priyanshi (Minor) vs Kurmanchal Nagar Sehkari Bank ... on 3 May, 2021
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition No.877 of 2021 (M/S)
Km. Priyanshi (Minor) .....Petitioner
Vs.
Kurmanchal Nagar Sehkari Bank Limited
and another ...Respondents
Advocate: Mr. Dushyant Mainali, Advocate for the petitioner.
Mr. Alok Mehra, Advocate for the respondents.
Hon'ble Sharad Kumar Sharma, J.
The brief fact, which engages consideration in the present writ
petition is that the petitioner is a daughter of Mr. Kranti Kumar, who
happens to be the biological father. On account of certain matrimonial
discord with the guardian of present petitioner, who is minor, a
proceedings under Section 13-B of the Hindu Marriage Act, by way of
Case No.257 of 2013, was decided by the judgment and decree dated
16.07.2014, whereby a permanent alimony under Section 25 of the Hindu
Marriage Act; to the tune of Rs.5.00 lacs. was awarded in favour of the
guardian of the present petitioner i.e. the deponent herein i.e. Dolly Aray.
Subsequent to the grant of decree of divorce on 16.07.2014, the guardian
of the present petitioner solemnized, her second marriage on 31.01.2015,
with one Mr. Harish Tiwari and got the marriage registered with Registrar
of Marriage on 06.02.2015.
2. The fact which has been reflected from the record of the writ
petition are that subsequent to the second marriage of the guardian of the
petitioner i.e. Dolly Aray with Mr. Harish Tiwari, a registered adoption
deed was executed by Mr. Harish Tiwari, which was duly endorsed by the
biological father of the petitioner i.e. Mr. Kranti Kumar on 06.04.2016 and
it was registered before the Registrar and consequent thereto, as a result of
adoption deed, the petitioner became the daughter of Mr. Harish Tiwari,
the second husband of the guardian of the petitioner i.e. Mrs. Dolly.
3. The fact which reflects is that the permanent alimony, which
was granted by the family to the tune of Rs.5.00 lacs., by the Family Court
while granting decree of divorce on 16.07.2014, was invested with the
bank/respondent no.1 by way of FDR No.3703/1 bearing Serial
No.0197157. In the said FDR the name of biological father Mr. Kranti
Kumar, has been shown as against the name of the present petitioner. But
in view of the registered adoption deed of 06.04.2016, the petitioner's
guardian contends that she had moved an application on 26.12.2017,
before the respondent/bank to change the name of the father from Kranti
Kumar, the biological father to Mr. Harish Kumar, the adopted father in
the FDR, which was made with the bank. But the said change has not yet
been made, accordingly the present petition.
4. Heard the counsel for the parties.
5. Looking to the apparent registered adoption deed, which was
registered on 06.04.2016 and was also duly endorsed by the biological
father Mr. Kranti Kumar, in fact, it could be the logically inferred that
Kranti Kumar, the biological father, very candidly has accepted, the factum
of second marriage, the factum of the adoption of the petitioner by Mr.
Harish Tiwari and as such, the change in name of the parentage in the
FDR, was a consequence which was to flow as a result of the registered
adoption deed of 06.04.2016. In fact, there was no legal impediment as
such which is apparent on the face of the record, which could have entailed
the bank to refrain from making the necessary changes in the description of
the father's name, as well as the address which has been given in the FDR,
as detailed above.
6. Hence, in these eventualities, this writ petition is being
disposed of with the direction that the petitioner to file an appropriate
application before the respondents/bank through her natural guardian,
along with Xerox copy of the registered adoption deed for making the
necessary changes in the father's name as well as the address, in the FDR
No.3703/1 bearing Serial No.10197157. In case if the petitioner files an
appropriate application as directed above, within a period of three weeks
from today, respondent/bank would take necessary steps to make the
changes within two weeks thereafter.
7. Subject to the above directions, the writ petition stands
disposed of.
(Sharad Kumar Sharma, J.)
03.05.2021
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