Khaitan & Co advised client on writ petition securing change of surname for minor girl before Calcutta High Court
Khaitan & Co advised the client-petitioner, a standard IX student, in filing a writ petition before the High Court at Calcutta challenging the Municipality’s communication dated 5 May 2025, which rejected her application seeking change of her surname from ‘Chatterjee’ to ‘Bhattacharya’.
The petitioner, born in 2011 to Mr. Prasenjit Chatterjee and Ms. Kasturi Chatterjee during their wedlock, was originally issued a birth certificate in the name of Atreyi Chatterjee. Following the parents’ divorce decree in 2015, the petitioner continued to live with her mother and both adopted the surname ‘Bhattacharya’. Various official documents, including her Aadhar Card and Passport, already reflected the updated surname.
The High Court upheld Khaitan & Co’s submission that there is no absolute bar under Section 15 of the Registration of Births and Deaths Act, 1969, read with Rule 12 of the 2000 State Rules, preventing such correction in a birth certificate. Rejecting the Corporation’s opposition, the Court directed the issuance of a fresh birth certificate reflecting the new surname within four weeks. The Court further observed that a child’s identity, including surname, is integral to her personal development and autonomy, and any change must serve the best interests of the child without prejudicing third-party rights. It also held that the change would not affect the biological father’s legal status as her natural guardian nor impact the petitioner’s legitimate rights of succession or inheritance.
The Khaitan & Co deal team included Arvind Kumar Jhunjhunwala (Partner), V.V.V. Sastry (Partner), and Anirudh Goyal (Associate).
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