The High Court recognized a daughter’s fundamental right to link her identity with her biological mother during a recent hearing. The daughter actively sought to have her biological mother’s name recorded in official documents.
Justice Swarn Kanta Sharma stated that when strict interpretations fall short, the court’s discretion opens doors for those in need of hope. The court ordered the CBSE to correct the names of both the petitioner and her mother in her 10th certificate within a month.
The court pointed out that applying CBSE rules rigidly in this specific case would deny the petitioner justice, which, while it may seem trivial to some, is deeply significant to her. She deserves to be recognized by her biological mother’s name.
The court emphasized that denying this right would strip the petitioner of her identity as the daughter of the woman who brought her into the world. At her young age, the petitioner had no control over her parents’ decisions, especially amid their marital discord.
Petitioner Shweta filed a petition to correct her and her biological mother’s names in her 10th class certificate and other educational records. She explained that her parents’ marital issues led to her separation from her mother at a young age, and her father later registered his second wife as her mother in the CBSE records.