Firm Matters

Khaitan & Co advised the client-petitioner (standard IX girl) to prefer a writ petition before the High Court at Calcutta against Municipality’s communication dated 05.05.2025 rejecting her application seeking change of her surname from ‘Chatterjee’ to ‘Bhattacharya’. The petitioner was born in 2011 to Mr. Prasenjit Chatterjee and Ms. Kasturi Chatterjee during their wedlock and subsequently a birth certificate was issued in the name of ‘Atreyi Chatterjee’. However, the marriage was dissolved by decree of divorce in the year 2015. Post-divorce, petitioner was living with the mother, and both adopted the surname ‘Bhattacharya’. Various government documents such as Aadhar Card, Passport etc. also showed surname as ‘Bhattacharya’.

The Court agreed with our contention that there is no absolute bar under Section 15 of Registration of Births and Deaths Act, 1969 read with Rule 12 of the 2000 State Rules to cause corrections in the birth certificate. The Respondent Corporation opposed our plea stating that the same is impermissible in law. Upon consideration, the High Court directed the Corporation to issue a fresh birth certificate by substituting her surname from ‘Chatterjee’ to ‘Bhattacharya’ within the period of 4 weeks.

The High Court observed that identity of a child, including her surname, is an integral part of her personal development and autonomy and change in name or surname does not adversely affect any legal or statutory right of a third party and is sought in furtherance of the child’s best interest, such change ought to be allowed. The HC also observed that such change in the surname shall not affect the legal status of biological father as her natural guardian, nor it shall affect or extinguish the petitioner’s legitimate rights including succession and inheritance to property of her biological father.