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  • Category: Miscellaneous

    What all things a court has to do,even naming a child!

    We have experience that when a child is born, the families follow their tradition to name the child. The family priest or parish priest or any other similar religious person will be called for the special naming ceremony. Though that name may stay as official name, the parents and other elders may call the child in various pet names of their like and choice. Sometimes the pet name becomes more famous than the official name.

    At least rarely we get to see some situations when the mother's family and the father's family differ on name. Each will argue with justifications in their favour. But some compromise will take place and they will find a mutually acceptable solution.

    But now, the difference of choice between mother and father of a child has grown to such an extent they had to approach court. The court is thus compelled to do the naming.

    To quote Times of India "It fell upon (Kerala High Court )justice AK Jayasankaran Nambiar to pick a name for a five-year-old child from central Kerala as the father, who is a Hindu, rooted for the name 'Abhinav Sachin' whereas the mother, a Christian, wanted 'Johan Mani Sachin'. The court finally decided upon 'Johan Sachin' and ordered for issuing a birth certificate with that name."
    (Ref:timesofindia.indiatimes.com/city/kochi/hc-names-child-as-inter-faith-parents-disagree-on-names/articleshow/64100095.cms)

    While the courts are already overburdened, it is ironical that people are creating more and more disputes and causing more and more litigation unheard of till now. Can we call it the rising intolerance among people?
  • #635871
    After reading this post, I cannot control my laughter. What I feel that in both the cases the name ends with Sachin and the court should have decided that name as it would have pacified even the father side aspirations. Nevertheless this kind of problems do arise when inter caste marriages takes place and in future to clashes of ego would crop up as to what festivals has to be celebrated and whether the child be taught the Bible or the intricacies of Hinduism. For the child in future he has to choose between following one religion sentiments and other. In schools too he would have tough time in studying the portions. Parents must understand this and be cooperative. And as far as possible the courts should reject such naming of child petty cases citing heavy work load and thus it should be left to the head ache of parents.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #635877
    It is really a strange thing and more surprising that people are going to court for such petty matters.

    In fact, we should sort out the things at our level, at the community level or at the society level or at the local level before going for the extreme step that is the judiciary.

    People feel that judiciary is the medicine for all the ailments. They also believe that it favours the honest and just people. Both the concepts are far from practice.

    Judiciary is the most complicated area and depending upon one's resources to have witness and proofs it settles the case in favour or against.

    Further, the time taken in judiciary is very very long and most of the times we have a situation of justice delayed which practically means justice denied.

    The gullible public considers judges sitting as Gods on high platforms but is not the factual thing.

    So the mantra for a peaceful life in present scenario is - avoid going for the judiciary as far as possible. Only in extreme cases, one should think of that tortuous path.

    Knowledge is power.

  • #635882
    This is exactly why, even in love, couples should discuss all the possibilities and then go ahead with their marriage. All is milk and honey during the times of love, when each other would, forever talk on cellphones and express their deep affection, in whatever ways one can.

    Going to court is ridiculous, but the issue itself is ridiculous. How come the husband and the wife, do not even agree to this basic thing? Okay, the court has decided, but what will happen from now, when the seething father may do something stupid?

    One of the most successful secrets of a successful marriage is "forget and forgive". There will be fights every day, and if a couple does not fight, there is something wrong!! However, after thirty or forty minutes, everything should be forgotten, and life should go on. We need to understand the larger purpose of life, which is happiness, on a sustained basis, and unless this is achieved, no marriage will be successful.

    We also need to understand that in these days, when we are all part of this rat race, we need times when our minds are totally at peace, when we get to understand what is going on around us, and then focus on things to be done. The mind often wanders, thinking about too many things. This is also one reason for a lot misery.

    Let other inter-caste couples learn a lesson from this sorry episode.

  • #635884
    If such is the case, to deal with such name cases, there should be a special court called 'Name court". This court should operate only for one day in a month. The chief of the court can be a government official , especially the Collector or SP or DSP of that district who will have time for such activities.
    No life without Sun

  • #635903
    I appreciate the author for his concerns that due to already pending cases in the courts they are overburdened & these not understood things within the family members or couple, will only make the road to justice more unrest less. But still the law can't make any objections to it rather to continue with the hearings till final outcome.

    In our country the Inter Caste & the Inter Religion marriages are quite normal but now a days the couple go ahead with the perception that aftermath everything would be ok, Often this doesn't seems to be ok as something internally keeps moving widening the already existing gaps. We can't do much with these gaps as the outside consultancy will only make the case bit more serious.

  • #635925
    I would agree with the replies, I feel like laughing, imagine the plight of the boy for someone would make fun of his 'naming ceremony at HC'. Just thinking loud after this fiasco, What would happen if the mother wants him to be a Christian and Father wants him to be a Hindu?

    I think it is ridiculous to involve the court in such trivial matters and waste precious time and resources. Such issues or difference of opinions cropping up in inter-caste marriages is a worrying trend. I hope the parents stay united unitl the child grows up. If they cannot agree on a name, how can they effective raise him as a good student or citizen.

    Such issues should be settled among family elders and the final name legalized via a Notary or a Additional Magistrate rather than the HC getting involved.


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