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Kerala HC steps in as parents spar over name
Updated On: 01 October, 2023 08:05 AM IST | Kochi | Agencies
The bench observed that the absence of a name would not be conducive to the child’s welfare
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The Kerala High Court invoked its parens patriae jurisdiction to select the name of a child, caught in a dispute between her warring parents over her name. The bench took a position that attempting to resolve the dispute between the parents will take time and in the meanwhile, the absence of a name would not be conducive to the welfare or the best interests of the child.
“In the exercise of such a jurisdiction, the paramount consideration being the welfare of the child and not the rights of the parents, the court has to perform the task of selecting a name for the child. While choosing a name, factors like the welfare of the child, cultural considerations, interests of parents and societal norms can be reckoned by the court. The ultimate objective being the well-being of the child, the court has to adopt a name, taking into consideration the overall circumstances. Thus, this court is compelled to exercise its parens patriae jurisdiction to select a name for the child of the petitioner,” it said.
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