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Chintan Patel (advocate)     15 February 2011

With whose name child's name sholud follow

His siniors

plz advice child's name can be followed by mother's name?

any S.C. verdict



Learning

 3 Replies

Tajobsindia (Senior Partner )     15 February 2011

@ Author

1. A child before reaching any legal contest date carries the given name followed either as prefix or suffix of father’s name is the practice in Indian Family Law context.


2.
Flip above and read; if the child is hit by a legal contest over him then either party may try to change child's name. It is possible, thus is allowed but with permission of other parent is the legal norm. See where the other parent stands on this amicably resolving the issue in hand outside the Court.


3.
Flip more above two paras and may further read; child post divorce of his loving parents can get name changed at any time, but, with permission of other parent who is now a non-custodial is the legal norm. This is s*xist approach when father's don't have custody of their child and thus object. Again feel where the non-custodial parent stands on this amicably resolving the issue in hand in private now that no legal case on floor of court(s).


Since not aware at which legal or non-legal stage this question is asked hence no further past, present and future way-out as remedy proposed. 

2 Like

N.K.Assumi (Advocate)     17 February 2011

I have found that this varies from culture to culture through out the world.In various cultures, traditionally a woman inherits her surname or birth name from her father and changes it to match her husband's surname (which he inherited from his father). This name change custom has been criticized for a number of reasons. It can be construed as meaning the woman's father and then husband had control over her, and it means that lines of male descent (patrilineality) are seen as primary—that a child has no inherited name tying him or her to female ancestors. Moreover, it means that women have no matrilineal surnames of their own, but only "place-markers" indicating their relationship to men. However, for a further treatment of matrilineal surnames, see Matrilineality's Matrilineal surname section.Birth name, family name, surname, married name and maiden name always are patrilineal surnames unless explicitly stated to be matrilineal surnames. So there is no hard and fast rules and it also depends from culture to culture through out the world.

In North India a woman always uses her husband's given name as a middle name after marriage, and adopts her husband's surname as her new surname. In some parts of south India, a woman adopts her husband's first name instead of his family name after marriage, while in others, she will keep her birth name for the whole of her life. In Andhra Pradesh, a woman adopts her husband's surname as her own. In some orthodox families, a new bride might change her full name to one her in-laws prefer.

Several Hindu communities in Kerala, the most notable being Nairs, are matrilineal, and in these groups the woman keeps her name even after marriage. Furthermore, her children will take her family name, rather than their father's. In Kerala, amongst Muslims, the husband's name and surname are added to the wife's name. In example, if Jameela Khader Elongavan marries Habeeb Syed Pokakilath, she would change her name to Jameela Habeeb Pokakilath. One notable exception is the Tamil Muslim community where women continue to use their maiden names after marriage, as the concept of surname is non-existent; this also serves as a precaution against discrimination of converts based on their pre-Islamic caste identities.

Christians generally follow the Western customs. Hindu women normally keep their birth names, but in the new generation, adding the husband's name is also observed.

For many of an Indian woman's official documents, the husband's name or father's name has to be mentioned as a legal guardian (e.g. applying for a passport, bank account, etc.). This is irrespective of whether the woman is considered a minor or an adult.

In the state of Meghalaya, nobody changes any names ever. Everyone is known by the birth name for life. The birth first name is the name the parents choose for their child and the last name is, by default, the mother's last name. Even in Nagaland, the child’s name is generally followed by the father’s surname, though the wife even after marriage adopts her father’s surname.

 

1 Like

What's in a name (Director )     17 February 2011

Very good write up Mr.Assumi. We have to learn a thing or two from Meghalaya and Nagaland.


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