The Kerala High Court has decided to name a three-year-old child after her estranged parents failed to reach an agreement on her name.
A bench of Justice Bechu Kurian Thomas emphasized that the name suggested by the child’s mother, with whom the child presently resides, should be given due importance. Additionally, the father’s name is to be incorporated due to the absence of any dispute regarding paternity.
This matter arose from a dispute between an estranged couple concerning their daughter’s name. The girl’s birth certificate did not include a name, prompting her mother to attempt to register one. However, the Registrar of births and deaths required both parents to be present to register the name, and as they could not agree on one, the mother turned to the High Court for resolution.
The child was born on February 12, 2020, and the relationship between the parents deteriorated over time.
The court noted that, while invoking its parens patriae jurisdiction, the primary consideration should be the child’s welfare rather than the parents’ rights.
“When choosing a name, factors such as the child’s welfare, cultural considerations, parental interests, and societal norms can be taken into account by the court. With the ultimate goal of ensuring the child’s well-being, the court must select a name, taking into account the overall circumstances. Consequently, this court is compelled to exercise its parens patriae jurisdiction to choose a name for the child,” the bench stated.
Parens patriae is a legal principle that involves the state or court taking on a protective role over its citizens.
