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Ramesh (SWE)     18 September 2012

Questions regarding declaratory suit for name change

I had an unofficial name change done as a minor. Now this is creating issues when I am applying for a US visa because my birth certificate has one name and my documents have other names. From looking online, it appears that I have to get a declaratory suit from a court in India. Can someone please clarify the procedure of how to do that?

 

Thanks

Esh



 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 September 2012

You have to go for suit for mandatory injunction.  Before filing the suit you will have to issue notice u/s 80 of CPC to the State Govt., represented by Deputy Commissioner  of your dist., and DEputy Director of public instructions giving 2 months to make necessary corrections by giving two months time.  After two months only you will have to file a suit.  Remember notice 80 should be proper format and another thing is limitation is very important.

1 Like

Ramesh (SWE)     18 September 2012

Rajeev Sir,

  Thank you for your response. Can you please clarify a couple of my questions:

 

1. Do I issue this notice only to the state government or to the central government too? I ask because my passport is in my new name.

2. I am afraid I don't understand what you mean when you say "limitation is very important">

 

Thanks in advance


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