Estranged father cannot force son to have his surname says Kerala High Court

June 15, 2018

In an interesting turn of events, the Kerala High Court has granted relief to a nameless child, by directing the Registrar to name a 5 year old boy as “ Steve” . The child had been living with his mother, who took him to church to get him baptized. The church kept the name of the child as “ Steve Abraham'. The father however disputed to the name, stating that the name “ Abraham” had nothing to do with the father's family name. The incident is pursuant to the local panchayat refusing the boy's father's request to insert the name “ Ryan Lukose” in his birth certificate. Aggrieved by the refusal, the father approached the High Court, where the matter was placed before a bench of J. AK Jayasankaran Nambiar. The court while ruling in the interests of the child said that the name of the child should not be a subject matter of dispute between his parents. The child should continue with the name already given to him, and if he wishes, he can get it changed in future upon attaining majority. The court also took the child's opinion on it, stating that the child himself has no objection to the name, as it is being used in his school as well. The father further challenged the order of the single bench, to a division bench of the High Court, who concurred with the order of the single bench. The court held that the child was not very close to his father anyway, and that he has become used-to to this name. Thus it would be in the best interest of the child to continue with this name.