-- Thank you for taking the time to read and attempting to help via reply.
-- Apologies for a long post which was intended for the purpose of clarity and not of ambiguity or confusion, but I will take the blame for that and hope that it may be kindly understood that one isnt always gifted with the art of communication. And since my case illustration has not been understood correctly owing to perhaps my own less than perfect representation, I cannot possibly say much except express a few points as follow.
-- Allow me to try again and also address some of the lack of clarity of communication. BUT before that may I also humbly submit that you seem to have jumped to conclusions regarding my personality or the case, Sir/Madam. I do not mean to offend and am truly grateful for your reply but I find it imperative to attempt clearing my position so that I may be better helped. Please note the following:
1) 1. If child is born out of wedlock and already has a birth certificate in name of legally married husband (step father) then I do not see what is issue here in your rather long confusing brief to get the child admitted into a school?
Child does not have a birth certificate yet (I thought that was rather clear from my post). Birth records of hospital sent to birth certificate issuing authority have name of husband as father. The birth certificate is yet to be had. It is the authorities who insist on copying from the hospital records sent them and not take my data. My "rather long confusing brief" is an attempt to get either a correct certificate or one with just mother's name. As for what is the problem, well only a child growing up in this situation and the mother bringing it up can understand - other people can merely help in good faith minus sermonising. To grow up with a birth certificate which you know isnt correct can depress a child more than having a painful truth. Of course, it is a personal matter of what is bearable and what is unbearable for an individual..
2) I thank you very much for informing that there is an option that father's name be left blank - I wasnt aware of this. Unfortunately in this case I was never asked any details at the hospital maybe because I was postpartum. Those who were asked gave my husband's name for a variety of reasons, ignorance included. NEITHER did I refer to laws as regressive or such like NOR write off efforts of activists in the direction. I do not know how it came across thus to you for I categorically mentioned cases from ancient myths and tales - a nation that has been upholding its myths and tales in a most sanctified manner is not a nation which refuses to be progressive. However, it takes a significant strength or majority of stakeholders in order to change a law or make more amendments as the need of the hour evolves. PLEASE understand that I do respect the flexibility and scope of law and it is that faith in the system which makes me seek out guidance here and not otherwise.
3) I SHALL HAVE TO PASTE A PART OF YOUR TEXT HERE:
However, if you insist to have after your marriage natural father’s name instead of current legally wedded husband’s name in birth certificate then I donot see how many times at whims and fancies of a natural mother...
In response to above, I humbly state that your callous accusation of whims and fancies has really been a shocker. The whims and fancies accusation may have applied, according to your sensibilities, although there are countless precedents in all walks of life where people have changed their minds and been called revolutionaries and thinkers for that - though perhaps they too would qualify as whimsical and fanciful in some books. It is perhaps one of the worst subconscious s*xually discriminating remark I may have heard and I can thank you for the novelty atleast perhaps because coming from a lawyer it is disguised in a lot of jargon and is a break from the usual 'you are a slut' stance. BUT MOST DEPRESSINGLY, you have used the term "whims and fancies of a natural mother" in a manner of including all women who may have some commonality with my case. Is it a case of telling me or rather us that we ought to be grateful for what has been done for us and wait for more pickings as time goes by? Sir/Madam, I believe that in winning some legal protection for a section of society, a lawyer or an activist also imparts them a knowledge of the worth of their existence just like a teacher does not just teach a lesson but also empowers a child to use that learning for further good and resolution. Your patronising should have felt good perhaps but it didnt. I am sure many natural mothers of whims and fancies must lie low after just such callous 'help'.
...laws on birth certificate can be changed - amended?
NEXT the question of how many times! Since there isnt a birth certificate yet it would perhaps amount only to a one time change, and that too in primary records not in birth certificate, unless you assume me to be of a mentally imbalanced disposition to repeatedly want to change my child's father's name for reasons best 'imagined' by you AS no logical reasons other than two at max can be known.
Leave aside ‘rights’ of such child as Apex Court has already said child born out of wedlock has no rights whatsoever in natural father's assets.
I, for sure, did not mention any rights to be claimed unless you read my post in a blinding hurry. The only right I mentioned was the right to have a proof of existence aka birth certificate with factual information unless that right is also denied. And honestly, if it wasnt essential for conducting affairs of civil human life, I wouldn't even bother about procuring one. Just what gave you the idea that any right to natural assets is desired? I shall reserve my comments on how that made me feel. I am more and more inclined to believe this reply came from a male member of society who did not think out of the box - this time at least. Please refrain from judging people without knowing them personally. AND, make an honest and quality attempt at reading posts and problmes, if at all you feel inclined to respond and advise. Please do not be in a tearing hurry to pass JUDGEMENT when only advise is sought. More harm is done by thoughtless outpour than by conservative silence.
4) Once a Birth certificate is made it cannot be amended to have only mother’s name by deleting father’s name (out of wedlock father name OR live in partner as father name OR step father as is put in a certificate) and onlychanges allowed is spell correction or mentioning full name of parents. One should have thought of it before and/or at the time of making birth certificate to make it only in name of mother as that is allowed.
To above: Birth certificate has not been made - PERIOD. Changes sought merely require change of last name. As to having thought of it earlier, it was well thought out but understand this, Sir/ Madam that life doesnt always happen according to plan - if it hasn't dawned on you already. When I or any other needy person posts a problem here they are not looking for analysis in hindsight; only solutions for the present and future. It would save responders a lot of energy and effort if they kept this in mind.
5) 5. By remaining separate from legally wedded husband does not warrant that already issued birth certificate of child under father's name should change to some other male name.
Honestly, where in my post did I come across as that dumb to assume the above? Thanks for reiterating, nonetheless. AGAIN, no birth certificate yet.
How that female mother's expect to change ? Is it not too much to ask from legislatures thy name all the illustrations and so called emotive social takes you are mentioning in your brief? I am sorry to say it should not be at all allowed for a reason the sanctity of birth certificate will be lost in toto and tomorrow if allowed to change then natural father name changed then some lady will come and ask I slipped knowing who was natural father and by mistake I thought he was thus got it changed but today came to know he was not natural father but some Mr. Y was so be in legislative position or be it in ld. Judge position and ask yourself will such situation will not come up where lady has multiple partners and didnot knew who actually was real father and after somehow birth certificate was amended (say) she comes again and points out the right father and ask that certificate to again change? !
For the first time in your words pasted just above, I found you to be taking up a real concern which may prove a hindrance to sanctity of law, and not merely play the role of moral preacher. Bingo! Yes, that may happen and it would be a very weak legal system comprising of fools that would not be skeptical of such issues cropping up. Fair enough BUT healthy skepticism differs from discriminatory suppression. While skepticism allows for a minute look into all aspects of a situation before formulating a law, a mean and biased mindset in the garb of a legal eagle will simply misuse skepticism to allow laziness and continuance of repressive laws. Sir/ Madam, one of the foremost reasons the concept of society was created is because it took almost a village to bring up one child. If despite that, an honest, law abiding and if I may say traditional person finds themselves in a position such as this, please take out your thinking caps and think outside the box and not jump to conclusions - a callous word from your end could depress a soul beyond repair. Try not to do good maybe but refrain from even accidentally causing harm. Yes. I know I am appearing to be advising you but you asked for it.
As for Judge position and ask yourself will such situation will not come up where lady has multiple partners and didnot knew who actually was real father and after somehow birth certificate was amended (say) she comes again and points out the right father and ask that certificate to again change? !
yes, it may come to that or even more complicated than perhaps you or I can imagine but that does that accord you the right to lump us all in the same heap and dispense with justice as per your understanding? And, did your remark reek of disgust for just such women? Anyhow, while my case may seem whimsical to you, I do not see any similarity of it to the possibility you mentioned. Each case must be evaluated on its own merit, other cases and scanarios maybe surely looked at with a view to arrive at justice and not to demean the plaintiff. To comment more may lead to a gender bias debate which is not my agenda surely. There maybe women with multiple partners, mostly those who have been gang raped , but of course that data would not interest you for its obvious lack of scandal and titillation. So one must contend with women who sleep around and have no memory of who might be Daddy! Madam/ Sir. spare me the rigmarole - I made an individual representation of an individual problem, please assess it solely on that humble ground. I am seeking respite for my situation, if that helps others fine. I am at least sure I am not a wrong doer nor a threat to anyone. I find your impatience and temper loss rather unnecessary. Spare that energy or utilise it to solve this issue - like a true activist and not like an impatient, moral high-brow.
6) 6. The extreme option is to take divorce from legally wedded husband
Above not possible for a while atleast in the present circumstances.
and file a paternity suit against natural father
Again you seem not to have gone through the brief carefully - no intention of filing a paternity suit if birth certificate maybe procured in a simpler manner.
and once decided file a Writ to get birth certificate changed which all are your call and is the only way out in current legal position. pointer - https://www.lawyersclubindia.com/forum/Child-from-live-in-relationship-65289.asp
Birth certificate yet not made. And I really thank you for your candidness in telling me that divorce is the only way out in current legal position. I dont think I can thank you much for the above pointer for 1) I have already gone through it and 2) if you read carefully you will find it mentioned in the beginning of the brief that this wasnt a live in relationship.
NOW FOR THE ICING ON THE CAKE:
And donot confuse us by saying birth certificate of single parent/mother?????. How come you are single parent as of today’s date when you are legally wedded till date to a person.
I am not a lawyer and therefore do not know what constitutes a single parent in the legal sense - biologically there cant be a single parent - so there we are with a misnomer! If you are kind enough, I shall be grateful to be enlightened on the exact definition.
I have no intention to confuse you or anyone else. Not so painstakingly, will I? Legal marriage cannot and is not a claim to be dual parent or whatever the term might be. Also there is no reason to believe that children living together with a married couple are biologically necessarily their own EXCEPT for in moral rhetroic and legal parlance. This is not to say that all marital homes are crowded with children of mixed parentage. But just to diffuse some of the insult in your presumption, I felt it necessary to send an eye opener, though I believe as a person of this world and more so owing to your profession you have seen more of the real life than the believed-to-be-true life.
It is other fact that you both for few years are not cohabiting that does not mean you are single parent / mother, have you been divorced from him (step father of child whose name is there in the birth certificate) to say you are single parent/mother?. You are just raising a child as single parent/mother - to that much I will allow you to say in your brief and not otherwise.
Again, since I will have to check the legal meaning of the term single parent, so I will just thank you for "allowing me to say just that much" - never knew you were the permitting authority as far as I was concerned. Also "just raising a child" is an activity I would highly recommend to you - it may be an eyeopener on the "just" aspect of it, if nothing else.
Common donot twist social words that quick reading gives this brief one colour as if laws are so mean and or unjust for such children whereas in-depth reading of this brief comes out with different color.
Did you mean 'come on'? And no, I am no twister nor juggler of words - that is a lawyer's domain and we lesser mortals are immensely grateful to the tribe for that skill for honest and sometimes not so honest reasons. As for the color; well perhaps you may want to take a second look if your glasses aren't tinted and that accounts for the"color" that you see? And please refrain from referring in the plural - others can speak for themselves, you may kindly stick to just your own opinions which shall be really respected despite their bias.
All that you are writing in long hand are not applicable at all in your case and cannot be allowed in accordance with law (social).
If I may kindly request you to reassess my case without the blinkers on and entirely out of your own choice, perhaps you will let go of the jumping to conclusions stance and take a more calm and collected understanding of it. "...cannot be allowed in accordance with law (social)." - did you mean tradition when you said law (social). Thanks again for notifying that your word holds great water when it comes to what may be allowed and what not in the name of law or the percept of it.
Mr/ Ms Tajobsindia, I am aware that my reply will most likely be taken in the wrong spirit. But honestly, what was it that offended you so much to start you on that tirade of subtle yet aggressive slandering and sermonizing? I had clearly requested for just help and not much else. Why did you feel compelled to be so abusive? I shall thank you for the few important pointers that I got from your reply like BC can be in just one parent’s name, Writ of Mandamus etc. but honestly did you really need to be so colourful in your language to make those three valid points? No matter what I say about my heartfelt gratitude about the wisdom, albeit little, I gleaned from your reply you will find it hard to believe it owing to my honest response to your words. I can merely request you to view this interaction from an unbiased viewpoint, it will perhaps not lead to bruised egos then. You accuse me of having written a long, confusing and lastly twisted post aimed at confusing people! Long, yes. Confusing, maybe, though I wrote at length only to ensure clarity yet I do apologise for my poor expression and will surely focus on ways to improve it in future. But to call it “colored” and aimed at confusing people, really that was a new low! No one that I know of has the time or energy to write such long posts detailing their lives merely to confuse people. I am a very real person with an honest calling. From your stature it appears that you are a knowledgeable and respected member of the society and believe me I cringe at calling a spade a spade even. But Sir/ Madam, this may be a long one before I can even hope for some respite – I cant honestly be expected to suffer in silence and damage myself heart and soul with callous comments like yours in the process. I am aware that a lot worse will come my way most likely, its just that it hurts to see educated, emancipated and so called responsible citizens of society to taunt in such a manner when all I requested for help at your choice and convenience. You may have overlooked the post if you felt that it was written by a whimsical and neurotic woman but of course you felt the greater urge to do moral good by reprimanding chastising and demeaning a rank stranger somewhere out there in your country.
One last time, Sir/ Madam I am grateful for your reply but hurt as well. Of course one may say that I should be grateful for not being subjected to the filthy abuses that may have come my way but really what kind of pessimistic hope would that be? I AM MOST GRATEFUL TO YOU FOR bringing back to the surface my logical and self respecting persona. I understand that I may be banished from this site as well for causing assumed grief on account of harsh words (again assumed). This was my first ever post on here and despite all, I am sorry to have had to speak to you thus. I may have caused you irritation at the least but I cant honestly seek forgiveness for it and I am sure you can appreciate why. I genuinely remain grateful for your taking the time out to read and reply to my case, however short-sightedly and callously.