Delhi HC permits girl to keep biological mother’s name, omit stepmother’s in official docs

The judge opined that the case in hand was not a legal battle, but a personal one in which the daughter was fighting to be rightfully recognised as the child of her biological mother.

The Delhi high court allowed a daughter to replace her stepmother’s name with that of her biological mother in all official academic records, recognising the fundamental right to have one’s identity linked with one’s biological parent.

Representational image.

Taking note of the girl’s circumstances, wherein she alleged she was mistreated by her father and stepmother, a bench of justice Swarana Kanta Sharma opined that the denial of the relief would lead to denying her the right to be known by the name of the mother who brought her to the world.

In its 25-page ruling, made available on Friday, the judge opined that the case in hand was not a legal battle, but a personal one in which the daughter was fighting to be rightfully recognised as the child of her biological mother.

“Therefore, this court, recognising the petitioner’s legitimate right to have her identity connected with that of her biological mother by way of her voluntary choice, and understanding the unique circumstances of her roller coaster life, cannot overlook the emotional and psychological weight attached to this issue. This court cannot leave the adult daughter living with a psychological burden of seeing the name of her stepmother, where her own biological mother has been raising her after the second marriage of her biological father,” the court said in its September 23 order.

The CBSE’s counsel had contended that the existing bye laws do not permit amendment to a candidate’s parental names once the form has been filled, and the incorrect name is entered therein.

Rejecting the contentions, justice Sharma in the ruling opined that rigid application of the regulations in such a unique and personal circumstance would result in unfair denial of justice to her which may seem trivial to some, however, may mean the world to a daughter seeking to be recognised by the name of her biological mother.

“This court is of the firm opinion that when the doors of rigid interpretations close, it is the courts’ discretion that opens windows of hope for those left remedy-less,” the court maintained.

CBSE, the court noted, was opposing the petition purely for the sake of formality and thus reminded the board of its “primary duty” to serve the people and facilitate justice.