‘Men Too Have Dignity’: Kerala High Court Allows Correction Of Father’s Name In Birth Certificate

Last Updated:March 03, 2026, 20:26 IST

The case involved a woman seeking to replace her ex-husband’s name with that of her new husband as the father of her daughter born during an adulterous relationship.

The Kerala High Court allowed the correction of the father’s name in the birth certificate of a child born out of an extra-marital relationship, observing that men too have dignity, pride and self-respect. The case involved a woman seeking to replace her ex-husband’s name with that of her new husband as the father of her daughter born during an adulterous relationship.

Justice PV Kunhikrishnan described the case as “a sad story of an unfortunate man whose wife led an adulterous life with another man while the marital relationship with him was in existence." The judge emphasised that in societies where marital fidelity is highly valued, a husband or ex-husband could feel publicly ridiculed if his name is used as the father of a child not biologically his.

“I am of the opinion that all should stand behind the men as well, because they too have dignity, pride, self-respect and social identity… a husband may feel publicly ridiculed as if his manhood and status have been mocked," the court observed.

The court acknowledged the ex-husband’s “gentlemanly attitude" for not opposing the petition, prioritising the child’s welfare despite being aware of the circumstances.

The petitioner, the mother, married her ex-husband in 2006 and had a son. During the marriage, she entered an extra-marital relationship with another man and gave birth to a daughter in 2017. At the time of birth, the husband, believing the child was his, registered his name as the father. The couple divorced in 2023 by mutual consent under the Hindu Marriage Act. The mother later married her extramarital partner and sought to correct the father’s name in the child’s birth certificate, claiming school authorities required the amendment.

The court directed the Thrissur Municipal Corporation to make a marginal entry correcting the father’s name without altering the original entry and to issue a fresh birth certificate within 30 days of application. It also ordered the registry to mask the names of the minor child and the ex-husband when uploading the judgment online.

“Considering the plight of the minor child and the gentlemanly attitude of the ex-husband, I think the correction can be allowed… Let the name of the child’s father be correctly mentioned in the birth register before she becomes major. Let there be a quietus," the court added.

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