Kerala High Court names three-year-old girl as parents fight over naming her

In a rare case, the Kerala High Court had to name a three-year-old girl as her parents could not agree on a name for her.

In an order issued in September 2023, Justice Bechu Kurian Thomas stated the name suggested by the mother, with whom the child is presently living, should receive importance. The child's name must also incorporate the father's name due to the absence of any conflict on paternity, as per the court.

The mother tried to admit her daughter to school. However, the school denied her admission as her birth certificate did not have a name,PTI reported. So, her mother attempted to register a name for her.

However, according to the Registrar of Births and Deaths, both parents must be present to document the child's name. But the estranged couple failed to do so, as they kept fighting over their daughter's name.

At first, the mother approached the family court, which failed to address the issue. Later, the mother came to the High Court.

The child was born on 12 February, 2020. However, after her birth, the relationship between the parents turned sour, eventually leading to separation.

On 5 September, 2023, the court observed while invoking its parens patriae jurisdiction, the foremost consideration was the child's welfare and not the parents' rights.

"While choosing a name, factors like the child's welfare, cultural considerations, interests of parents and societal norms can be reckoned by the court. The ultimate objective being the child's well-being, the court has to adopt a name, taking into consideration the overall circumstances," the court said. Thus, the Kerala high court exercised its parens patriae jurisdiction, a legal principle envisaging the state or the court in a protective role over its citizens, to select the name for the child.

The child's mother wanted to name their daughter 'Punya Nair.' However, the divorced parents could not decide, as the father wanted to name her child 'Padma Nair.'

Thus, based on their suggestions, the Kerala High Court named her 'Punya Balagangadharan Nair." The bench stated, "To set at rest the disputes between the parties on the name, the child is directed to be given the name 'Punya', and the name of the father 'Balagangadharan' also be added along with the name Nair."

(With inputs from agencies)

WATCH WION LIVE HERE