Ramesh (SWE) 18 September 2012

Questions regarding declaratory suit for name change

I had an unofficial name change done as a minor. Now this is creating issues when I am applying for a US visa because my birth certificate has one name and my documents have other names. From looking online, it appears that I have to get a declaratory suit from a court in India. Can someone please clarify the procedure of how to do that?

Thanks

Esh

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adv. rajeev ( rajoo ) (practicing advocate) 18 September 2012

You have to go for suit for mandatory injunction. Before filing the suit you will have to issue notice u/s 80 of CPC to the State Govt., represented by Deputy Commissioner of your dist., and DEputy Director of public instructions giving 2 months to make necessary corrections by giving two months time. After two months only you will have to file a suit. Remember notice 80 should be proper format and another thing is limitation is very important.

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Ramesh (SWE) 18 September 2012

Rajeev Sir,

Thank you for your response. Can you please clarify a couple of my questions:

1. Do I issue this notice only to the state government or to the central government too? I ask because my passport is in my new name.

2. I am afraid I don't understand what you mean when you say "limitation is very important">

Thanks in advance