Kerala HC names baby after estranged mother and father fail to reach at consensus
3 min readBy PTI
KOCHI: The Kerala High Court has named a three-year-old baby, after the woman’s estranged mother and father couldn’t arrive at a consensus on what they need to title her.
Justice Bechu Kurian Thomas, in an order issued final month, stated the title steered by the mom, with whom the kid is presently residing, must be given due significance, whereas the title of the daddy can also be to be included because of the absence of any dispute on paternity.
The matter pertained to an estranged couple combating over their daughter’s title.
As the start certificates issued to the woman had no title on it, her mom tried to register a reputation.
However, the Registrar of births and deaths insisted on the presence of each mother and father earlier than him to register the title.
As the couple couldn’t arrive at a consensus on the title, the mom approached the High Court.
The baby was born on February 12, 2020 and the connection between the mother and father turned bitter.
The courtroom, in its September 5 order, noticed that whereas invoking its parens patriae jurisdiction, the paramount consideration was the welfare of the kid and never the rights of the mother and father.
“While choosing a name, factors like the welfare of the child, cultural considerations, interests of parents and societal norms can be reckoned by the court. The ultimate objective being the well-being of the child, the court has to adopt a name, taking into consideration the overall circumstances. Thus, this court is compelled to exercise its parens patriae jurisdiction to select a name for the child,” the courtroom stated.
Parens patriae is a authorized precept which envisages the state or the courtroom in a protecting position over its residents.
KOCHI: The Kerala High Court has named a three-year-old baby, after the woman’s estranged mother and father couldn’t arrive at a consensus on what they need to title her.
Justice Bechu Kurian Thomas, in an order issued final month, stated the title steered by the mom, with whom the kid is presently residing, must be given due significance, whereas the title of the daddy can also be to be included because of the absence of any dispute on paternity.
The matter pertained to an estranged couple combating over their daughter’s title.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );
As the start certificates issued to the woman had no title on it, her mom tried to register a reputation.
However, the Registrar of births and deaths insisted on the presence of each mother and father earlier than him to register the title.
As the couple couldn’t arrive at a consensus on the title, the mom approached the High Court.
The baby was born on February 12, 2020 and the connection between the mother and father turned bitter.
The courtroom, in its September 5 order, noticed that whereas invoking its parens patriae jurisdiction, the paramount consideration was the welfare of the kid and never the rights of the mother and father.
“While choosing a name, factors like the welfare of the child, cultural considerations, interests of parents and societal norms can be reckoned by the court. The ultimate objective being the well-being of the child, the court has to adopt a name, taking into consideration the overall circumstances. Thus, this court is compelled to exercise its parens patriae jurisdiction to select a name for the child,” the courtroom stated.
Parens patriae is a authorized precept which envisages the state or the courtroom in a protecting position over its residents.
