The Bombay High Court, Aurangabad Bench, recently ruled that a father’s addiction to vices and lack of involvement in a child's life do not grant the mother the right to claim sole parenting status or erase the father’s name from the child’s birth records.
A division bench comprising Justices Mangesh Patil and Y. G. Khobragade emphasized that matrimonial disputes should not influence a child's legal identity. The court firmly stated that neither parent has the right to manipulate the child’s birth records to satisfy personal grievances. The court imposed a fine of Rs. 5,000 on the petitioner, a 38-year-old woman, for attempting to remove her estranged husband's name from the birth certificate of their child.
"This petition substantiates a common experience as to how matrimonial disputes lead to multiple litigations. Apart from divorce proceedings, restitution claims, domestic violence cases, maintenance disputes, and child custody battles, this petition adds another layer to the conflict. It highlights the extent to which parents embroiled in such disputes can go to satisfy their egos,"
The petitioner sought a directive for the Chhatrapati Sambhajinagar Municipal Corporation (CSMC) to amend the child’s birth records by listing only her name as the sole parent. However, the court dismissed her plea, holding that such an action would undermine the child’s welfare and identity.
The court also noted that the child was not made a party in the case, reinforcing its view that the petition was driven by the mother’s personal interests rather than the child's welfare.
“The relief being claimed clearly demonstrates that the petitioner is treating the child as if it were a property over which she has exclusive rights. The welfare of the child is of paramount consideration, and the request to record her name as a single parent undermines the child’s best interests,”
Referring to various Supreme Court rulings on similar matters, the court reiterated that neither parent can dictate how a child is identified in society through official records.
"This ruling underscores the right of a child to determine how they wish to be known in society. Neither parent has the authority to unilaterally modify the child’s birth record,"
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The court dismissed the petition, deeming it an abuse of legal proceedings and a waste of judicial resources. Additionally, it ordered the petitioner to deposit Rs. 5,000 as a penalty within two weeks, failing which it would be recovered as land revenue arrears.
Legal Representation: Advocates Sanket Kulkarni and Suvidh Kulkarni appeared on behalf of the petitioner.
Case Title: ST vs. Commissioner, Municipal Corporation (Writ Petition 2641 of 2025)
