The Madras High Court disposed of a Public Interest Litigation (PIL) filed seeking direction to all the Ministries/Departments/Offices to create a column to write Mother Name in addition to Father Name wherever using father name along in all Forms, Certificates, Applications and Licenses, to make it mandatory to furnish Mother Name in addition to Father Name in all Deeds, Affidavits, Government Documents, Public Documents, Applications, Certificates and Licenses.
The PIL further seeks direction to the respondents to permit to furnish either Parents in case of Single Parent or Unwed mother by obtaining an affidavit in order to ensure meaningful implementation of provisions related to adoption of the Hindu Adoptions and Maintenance Act, 1956, the Guardians and Wards Act, 1890, the Juvenile Justice (Care and Protection of Children) Act, 2015, the Adoption Regulations, 2017 and the authorities of the Apex Court and High Courts.
On a perusal of the counter affidavit filed by the fifth respondent (The Principal Secretary, Social Welfare and Women Empowerment Department) ,the Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice J. Sathya Narayana noted that the purpose of the petition does not survive.
Additional Solicitor General appearing on behalf of respondents submits that in all the official documents like PAN Card, Passport, etc., the name of the mother and father are recorded and where there is a single mother, the name of the father is not insisted upon.
State Government Pleader submits that the State Government has also issued a government order on 23.3.1994 in the same lines. The School Education Department has also issued a government order on 28.4.2003 to use the mother’s name as initial of the child.
In the light of the above, the Court opined that the prayer made by the petition stands sub-served. In case the petitioner can lay his hands on any official document, where the name of the mother is not mandated to be recorded, then the petitioner may agitate afresh.