HC rejects plea, live-in couple’s son can’t use father’s name, caste

A city teenager, born out of a live-in relationship, can’t use the name and caste of his biological father.

The Bombay high court (HC) last week rejected the plea of a 17-year-old boy who sought an order declaring his mother’s live-in partner was his biological father, so he could claim the benefits of reservation that are extended to the caste of his biological father.

“The petitioner is seeking declaration that Shri XXX XXX is his biological father, which cannot be granted in exercise of jurisdiction under Article 226 of the Constitution of India,” said a division bench of justice Ranjit More and justice Sadhana Jadhav, dismissing the teenager’s petition which was filed by his biological father.

The teenager was born in February 2001 when his mother, a nurse at a civic hospital in Mumbai, was in a live-in relationship with a doctor in the same hospital. On that basis, the 17-year-old sought a declaration to the effect that the doctor was his biological father.

His mother had filed an affidavit in support of the petition stating the child was born out of a live-in relationship. She said she had not mentioned the name of the biological father in the teenager’s birth certificate and school record, as she was not formally married to the doctor. Besides, the doctor was married to another woman at the time. The boy had also sought corrections in his birth certificate, which merely mentioned “not stated” against the name of his biological father, and in his school records. He had also sought amendments in his CBSE documents.

The high court rejected the plea on the grounds that the declaration sought by the 17-year-old cannot be granted on a writ petition.