Kerala High Court
A three-year-old girl was given a name by the Kerala High Court after her estranged parents were unable to agree on a name for her. In a ruling last month, Justice Bechu Kurian Thomas stated that the mother’s preferred name, with whom the kid is now residing, must be given fair consideration, and that the father’s name must also be included due to the lack of any paternity disputes.
Her mother tried to register a name because the girl’s birth certificate was issued without a name. To record the name, the Registrar of Births and Deaths requested that both parents be present. The mother went to the High Court because the pair was unable to agree on a name. On February 12, 2020, the baby was born, and the parents’ relationship quickly deteriorated.
The court noted in its judgment of September 5 that when exercising its parens patriae authority, the wellbeing of the child came before the rights of the parents.
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The welfare of the child, cultural nuances, parental preferences, and societal conventions can all be taken into account by the court when deciding on a name. The court must choose a name, taking into account the whole circumstances, with the child’s welfare as the first priority. As a result, this court is required to use its parents practice jurisdiction to choose a name for the child, according to the court.
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