Change last name of minor

Bejan (Querist) 29 August 2015 This query is : Resolved
Divorce case is in last stage. no child custody case as child is staying with mother and father is not interested. Mother wants to change minor child last name (surmane). Mother requested several time for last name change but father said no.

Query: Under what section minor child surname change petition can be filed?

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P. Venu (Expert) 29 August 2015
Let the divorce proceeding be completed. Thereafter, the mother can approach the authority concerned.

Bejan (Querist) 29 August 2015
Please help in section number as it has become urgent.

Rohit Krishan Naagpal (Expert) 29 August 2015
As on date there is no law which prohibit mother name only it is customary in nature ! no express section is there and you can change the name by publishing in national gazette !

Bejan (Querist) 29 August 2015
Thanks.

Husband denied once. Also, I am not going mother's surname. Husband was/is Muslim. HIs father changed religion once (wHen dont know). They claimed themselve Hindu. Divorce case filed under Hindu marriage act.
Only child name is Muslim. Child is being raised in Hindu environment.
How i can change surname?

Isaac Gabriel (Expert) 30 August 2015
The only formality required is Publication in daily nwspaper or Gazatte.Get the format from the Government Press and publish the name change.

Bejan (Querist) 30 August 2015
Husband will object then? Though he never asked for custody but in very tricky way keep this option open.

Please advise.

Bejan (Querist) 30 August 2015
Thanks Isaac Gabriel Sir, I am getting some understanding based on your reply.

But,

What if Husband will object or denied after publication then? Though he never asked for custody but in very tricky way keep this option open.

Please advise.

Bejan (Querist) 31 August 2015
What if Husband will object or denied after publication then? Though he never asked for custody but in very tricky way keep this option open.

Please advise.

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