Civil courts complex in Mangaluru.
| Photo Credit: File photo
Civil courts in Mangaluru have rejected 18 original civil suits seeking directions to competent authorities for change of name in the birth and death certificate, so far this year.These suits were filed between January and March 2026, while the orders were passed by the Principal Civil Judge, JMFC, and five Additional Civil Judge and JMFC courts between March and June 29. In most of the cases, orders have been passed ex-parte, in the absence of a representative of the Mangaluru City Corporation, designated as Registrar (Births and Deaths).No jurisdictionThe 18 civil suits were rejected by city courts on the ground that civil courts were barred from entertaining suits for change of name in birth and death register. The courts have stated that Section 15 of the Registration of Births and Deaths Act, 1969, confers exclusive authority on the Registrar to carry out correction or cancellation of entries relating to births and deaths.The courts in Mangaluru have referred to the decision of the Karnataka High Court in Regular First Appeal 2454/2024, wherein the HC has clearly observed that seeking relief of rectification of entries in the Birth and Death Certificate is not maintainable before a civil court.In a judgment in July 2025, the High Court goes to state that under Section 15 of the Act, power vested in the Registrar is sufficiently broad to address not just clerical error, but substantial mistakes related to personal particulars in the certificate. Correction of name is an administrative matter specifically assigned to the Registrar under the Act, and civil courts should not be burdened with original suits, the High Court observed.In another judgment in February 2025, the High Court said the government of Karnataka is yet to take action on the 2013 recommendation of the State Law Commission for insertion of Section 15A that will facilitate change of name in the birth register. Laying down guidelines for the Registrar (Births and Deaths) to deal with applications for change of name, the High Court stated that the Registrar can include the new name, along with the name originally entered in the register, by making an endorsement in the register that it is being done on a request by the parent.DC writes to government of KarnatakaDeputy Commissioner H.V. Darshan, who is administrator of Mangaluru City Corporation, has said, in the absence of directions by the State Government, following guidelines by the High Court, the Registrar was rejecting applications for name change, and asking applicants to approach civil courts.In the light of issues faced by people in changing name in the register, the district administration has approached the State Government to allow Registrar to mention the new name with the original name in the register.Meanwhile, the six Mangaluru Civil and JMFC courts have allowed 89 suits seeking change of name in birth/death register, and in the records in schools and colleges. Of the 89 suits, four were partly allowed with the courts directing institutions to change the name in their records, while rejecting the prayer of litigant for change of name in birth registar on the ground that the civil courts are barred from issuing such a direction. Published - July 03, 2026 12:09 pm IST
