Sir,
I hereby want to clear some aspects of law in this forum. My client a school teacher by profession and drawing a handsome salary. He live separated from his husband for the last One and half years and having a child of 1yr. 10 months. In few days she is eager to file divorce suit in the concerned jusrisdiction. But now she face a problem while obtaining Birth-Certificate from Kolkata Municipal Corporation. She was getting married under Special Marriage Act. She live with her husband for nearly 2 years. Now she is willing to provide her son the surname of her own or no surname. She is unwilling to provide the surname of her husband. But Municipal Corporation is unwilling to do so. They told her she have to write the surname of her husband after the name of her son. I know the father of the child is the natural guardian of his child, here son. The husband is not in touch with my client. Now I request you to see to it and suggest me whether is there any provision in law to provide the child the surname of his mother or not. If so how one could do it.
