KOCHI: Batting for the rights of men, the Kerala High Court has observed that men too have dignity, pride, self-respect, and a social identity. The court made the observation while granting permission to a married woman and her lover to change the father's name on the birth certificate of a girl born from their relationship, replacing the name of her legally wedded husband with that of the biological father.
The court observed that this is a sad story of an unfortunate man whose wife led an adulterous life with another man while her marital relationship with him was still in existence. A child was also born out of that illicit relationship. Usually, if a husband has an illicit relationship with another woman, it becomes a major issue, and the man is humiliated to the ride extent possible by the wife and her relatives. Of course, there may be genuine grievances on the part of the wife toward her husband in such cases, and the husband may deserve it.
“I am of the opinion that, in a situation like this, all should stand behind the men as well, because they too have dignity, pride, self-respect, and social identity. In cultures like ours, where marital fidelity holds strong social value, a husband may feel publicly ridiculed in such a situation, as if his manhood and status have been mocked,” said Justice PV Kunhikrishnan.
The first petitioner in the case is the mother. In her lawful marriage, she has a son. Her husband was working in Bengaluru as an accountant. According to the wife, her husband was not taking care of the family and was not fulfilling her needs. While the marital relationship was still in existence, the woman entered into a relationship with another man, and a girl child was born out of that relationship.
However, the girl's birth certificate listed the mother's legally wedded husband as the father. The child continued to live with the legally wedded husband. According to the petition, heated arguments and prolonged fights occurred in the matrimonial home after the husband denied the biological father's parenthood. Thereafter, the woman left the matrimonial home and later obtained a divorce by mutual consent.
Subsequently, the mother and her lover approached the concerned authority of the Thrissur Corporation to change the father's name on the girl's birth certificate. However, the request was denied. The mother, her lover, and the minor girl then approached the High Court challenging the decision of the competent authority.
The court noted that even after knowing that the girl was the biological child of another man during the subsistence of the marriage, the first husband had not filed any petition to change the birth certificate. This, the court observed, reflected the gentlemanly behaviour of the first husband and his affection toward the girl child, who lived with him until the wife left with her lover, taking the child along.
The court stated that it could not dismiss the petition considering the plight of the minor girl. It held that it did not want her to face embarrassment upon attaining majority if the father's name was not correctly recorded in the birth register. Therefore, considering the welfare of the minor child and the gentlemanly attitude of the first husband, the court allowed the correction.