hariharann 02 April 2015

My kid name changed in birth certificate illegally by wife

Dear Lawyers, My marriage happened on 2-6-2010 in chennai. During my marriage my wife's mother passed away and her father ignored her so she was under the custody of her illegal maternal guardians. We are blessed with a baby boy on 25-4-2012, after that she started ignoring me and behaving cruely & started living seperately. Last year when i asked her to come and live with me she refused and filed a false DV & Dowry complaint in police station, They enquired and found the complaint doesn't have any grounds and advised my wife to live with me seperately, Based on that we started living seperately from june 2014, she got conceived and left the matrimonial house on july 2014 without my knowledge and started living with her illegal guardians. There is no proper response from her and she denied showing my kid also and started giving mental torture.

Finally she didn't even informed me about the delivery and got admitted in the hospital mentioning my address without my notice and then after enquiring in hospital i went to the delivery and we were blessed with a baby girl on 17-2- 2015. She got discharged without my notice and went to her illegal guardians house again. she threatened me that if i force her to come with me she'll file a police complaint under dowry and dv again. I tried contacting her but no response. So i filed a divorce case against her under the grounds of CRUELTY. The first hearing will be on apr 15.

In this circumstances, i have updated my girl's name as Jayadurga in chennai corporation Birthcertificate on Feb 2015 after informing her in the hospital and I have updated this name in my office also by submitting the BC hardcopy, Suddenly when i noticed in corporation website i was shocked to see my girl baby's name was updated as Siva Sainthavi without my knowledge illegally. I have raised an online complaint in corporation regarding this and I need your expert advice on talking legal actions against my wife and her illegal guardians. Can I file a police complaint on them under Section 468 in The Indian Penal Code, 1860 or any other suitable sections?. Kindly reply

Actually in the divorce petition i have mentioned the Kid's name as Jayadurga after obtaining the Birth certificate, My wife and her relatives changed the baby's name as soon as receiving the court summon. My wife was not at all happy for this 2nd baby and tried all possible ways for abortion initially but due to my proactive measures she gave birth to the child, I am very much worried that they might have changed the name with some cruel intention to confuse the court.

Thanks,

Shakthi

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7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 03 April 2015

So after UR reunion she had a second child. how can U file u/s 468 ipc, that relates to forgery cases only.Yes she can change the name without UR consent. U will have to get a legal injunction to stop her.

hariharann 03 April 2015

Thank you very much sainath sir for your response, Yes you are right during our re union she got conceived last year. Actually in the divorce petition i have mentioned the Kid's name as Jayadurga after obtaining the Birth certificate, My wife and her relatives changed the baby's name as soon as receiving the court summon. My wife was not at all happy for this 2nd baby and tried all possible ways for abortion initially but due to my proactive measures she gave birth to the child, I am very much worried that they might have changed the name with some cruel intention to confuse the court.

So i need your advice on talking legal actions against her in this circumstances against them

T. Kalaiselvan, Advocate (Advocate) 07 April 2015

Did you get the birth certificate containing the name you have registered?, whether the name what you have registered has been changed now by her in the birth register?, if yes, then you have an action against the officials for changing the name without the consent of the biological father especially when the same was already registered and subsequently a change in the same without the consent of the father. You may take the advise of a local advocate and issue a notice to the corporation official for reverting to original name and to effect the same under communication to you failing which you may file a suit to declare the name change as null and void in the civil court by impleading the authority as a party.

hariharann 07 April 2015

Hello Kalaiselvan Sir, Thank you very much for your response sir, Yes I have a old Birth certificate copy with the name which I have updated. In response to my complaint in corporation website, They agreed to change the name, They asked me to come to office tomorrow and assured that the update will be done by reverting back the name to the original name.

hariharann 07 April 2015

I have another question, I want to see my kids, its been 2 months i have seen them. I messaged my wife and her illegal guardians asking about my kids status but no response so far. My divorce case first hearing is next week, My wife received the summon but I doubt she might not attend the hearing. I have also asked for the custody of my first kid in my divorce petition. If my wife didn't attend it, then what can i do for seeing my kids?

Need your expert inputs, Kindly respond. Thanks in advance!!!

SAINATH DEVALLA (LEGAL CONSULTANT) 08 April 2015

Why do U presume that she would not attend,after receiving the summons.Wait and see.

hariharann 13 April 2015

Dear All, Thank you very much for your inputs and suggestions, Finally corporation officials reverted back the illegal name changes and now my kid's name is updated properly in the Birth certificate, The corporation official told me that they update it by mistake based on the request from my wife's illegal guardians. Is there any way to take actions against my wife and her illegal guardians for this illegal name change action?