Can mother put her name instead of father

jeevan deshpande (Querist) 21 April 2018 This query is : Resolved
my friend has baby girl and she is staying separate from husband since last 10 years, after baby girl birth husband is not staying along with her, she accepted that her husband will not come back, till date divorce not applied for, in this case if she want her child should carry her name instead of husband what will be the procedure. is it possible to give mother name for her child. currently she only want to put mother name for education of child. the whole custody and care of girl child is with mother.

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Ms.Usha Kapoor (Expert) 22 April 2018
Yes she can apply for baby girls school admission by giving her mother name. Nothing illegal about it. Up to 5 years mother s the natural guardian. and under some special circumstances she will be appointed as guardian by the court. Let her apply for guardianship of the child under Guardians and Wards Act r/w Hindu minori9ty and guardianship act.

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