Introduction
The Aurangabad Bench of the Bombay High Court ruled that a mother cannot erase the father’s name from a child’s birth record, even if he has never seen the child or struggles with vices. The court criticized parents involved in matrimonial disputes for trying to alter birth records to “satisfy their egos.” It imposed a fine of ₹5,000 on the woman for filing the petition.
Case Background
A 38-year-old woman petitioned the court to direct the Commissioner of Chhatrapati Sambhajinagar Municipal Corporation (CSMC) to remove her estranged husband’s name from their child’s birth certificate. She sought recognition as a single parent in official records.
Petitioner’s Stance On Child’s Birth Record
The woman claimed the right to be the sole registered parent on the birth certificate, arguing that the father had abandoned the child since birth and was addicted to harmful habits.
Court’s Ruling On Child’s Birth Record
The court ruled that a child’s birth record is not a tool for parental disputes. Judges Mangesh Patil and Yanshivraj Khobragade stated that neither parent has a right to manipulate birth records. It affects the child’s identity in society. The court cited Supreme Court rulings that emphasize a child’s right to decide how they are identified.
The judges noted that the petitioner did not even include the child in the case, showing disregard for the child’s welfare. The bench stressed that parental conflicts should not undermine a child’s best interests.
Final Verdict
The court dismissed the petition, calling it an abuse of judicial process and a waste of court time. It upheld the principle that the welfare of the child must come first. Parents cannot alter official records for personal grievances.
