Mumbai, July 14, 2026: The Bombay High Court has allowed a woman's plea to replace her ex-husband's name with that of her daughter's biological father in the child's birth certificate. The court also ordered that the identities of the petitioners be completely masked from all court records and its website to protect their privacy.
A Bench of Acting Chief Justice Ravindra Ghuge and Justice R.R. Bhonsale was hearing a petition filed by a married couple seeking correction of the birth certificate.
DNA Report Considered
The court took into consideration the DNA report of the child, which established paternity, as well as the affidavit submitted by the child's parents stating that they are the biological parents.
The order was passed on Monday by the Division Bench of Acting Chief Justice Ravindra Ghuge and Justice Ranjitsinha Bhonsale while hearing the petition filed by the woman through Advocate Uday Warunjikar.
The woman contended that she married a man in February 2006 and no child was born from the marriage. Following differences, the couple started living separately, and in 2013 they got divorced.
In the intervening period between the couple living separately and obtaining the divorce, the woman developed a relationship with another man, with whom she had a baby girl in December 2009.
After the divorce order was passed in 2013, the woman married her boyfriend.
Court Orders Fresh Certificate
Since the daughter was born out of an extramarital relationship, the woman gave the name of her husband in the father's column of the birth certificate issued in March 2010, the plea stated.
After the divorce was finalised and she remarried her boyfriend, the woman approached the BMC seeking correction of the biological father's name in the birth certificate.
She also submitted a DNA test conducted to establish paternity and an affidavit stating that the biological father of her child was her boyfriend, whom she has now married.
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After examining the DNA test report and the affidavit, the court allowed the petition and directed the BMC to issue a fresh birth certificate to the child by deleting the name of the woman's ex-husband from the father's column and replacing it with the name of the biological father.
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