Using mother's surname
Vijay Kumar
(Querist) 22 September 2017
This query is : Resolved
A teenager child has been brought up by his mother single-handed.He has not even seen the face of his father.
Now, the child insists that he would get entered the Surname of his mother in official record. Whether it may give rise to legal complications in future e.g. to say in inheriting his father?
Ms.Usha Kapoor
(Expert) 23 September 2017
Although the Supreme court says mother and father are equally guardians of the child and tt doesn't matter whoever signs the PAN, Passport etc Govt i9s turning a Nelson's eye in turning away such pleas..
e to be used for what I wanted to do?" he asks.
Relief came in the form of a judgment from the Supreme Court.
In February 1999, the Supreme Court said that both the mother and father of a child would be deemed equals and natural guardians of their minor child under the Hindu Minority and Guardianship Act of 1956.
In effect, the ruling empowered the Indian woman to give her name to her child without any prejudice or shame
Rajendra K Goyal
(Expert) 23 September 2017
Whether the child is using father's surname / any surname till date?
Whether mother is legally divorced?
P. Venu
(Expert) 23 September 2017
Please note that there is no law, enacted or customary, in our country as to the name of any citizen. Anyone or everyone is free choose his/her name and that of their wards. The obsession with name/surname is quite unwarranted.
Vijay Kumar
(Querist) 23 September 2017
Respected Goyal sir,
1. Till this date, child has been using his first name only.
2. Father has filed divorce petition; but mother is opposing and contesting vehemently.
Dr J C Vashista
(Expert) 24 September 2017
1. Divorce petition filed and contested do not change paternity or motherhood of the child.
2. Indian Society recognize/dominate with paternal society except certain tribes of Manipur, Arunanchal and other NE States, however, lately (now-a-days) mother's name is also added.
