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Nitesh Barman (Executive)     04 July 2011

To change name of wife after marriage

Hi,

My question is can i change my wife's first name in all legal asspects, she is from west bengal and me resident of rajasthan, so question is where should i have to do all legal things to change her first name in west bengal or rajasthan, and what is the procedure ?



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 4 Replies

Bharatkumar (ADVOCATE )     04 July 2011

First name mearns surname if yes so then after marriage u registered a marriage in goverrnment authority and government authority give a marriage certificate and that time if your wife name is change.

Exa :- before marriage your wife name is  A (Surname)  B (Wife name)  C (wife's father name)                                             and husband name is X (surname)  Y (husband name)   Z (husnand's father name)

after marriage registration your wife name is X B Y.  

 

Ok, Clear.  

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Nitesh Barman (Executive)     05 July 2011

Thanks sir for your reply.

but in my view first name belong to name by which we known in society as mine is Nitesh.

so i want to change her first name, as she is belongs from West Bengal and me from Rajasthan. should i have to do legal process by wwb or rajasthan.

and also about the marriage certificate, from where i have to get it, from west bengal or rajasthan as my marriage is taken place to west bengal.

Tajobsindia (Senior Partner )     05 July 2011

@ Author

1. In my opinion you shall follow the guidelines mentioned in attached file from her matrimonial home State i.e. Rajasthan for change of given name and or surname etc.


Attached File : 85555 191961 36 forms 5b10 5d.pdf downloaded: 744 times
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Tajobsindia (Senior Partner )     05 July 2011

Ops sorry missed replying to your next query;

For obtaining Marriage Certificate following provisions read with Jurisdiction of Law stands;

1. Under the Hindu Marriage Act:

Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned.


2. Under the Special Marriage Act:

The parties to the intended marriage have to give a notice to the Marriage Officer in whose jurisdiction at least one of the parties has resided for not less than 30 days prior to the date of notice. It should be affixed at some conspicuous place in his office. If either of the parties is residing in the area of another Marriage Officer, a copy of the notice should be sent to him for similar publication. The marriage may be solemnised after the expiry of one month from the date of publication of the notice, if no objections are received. If any objections are received, the Marriage Officer has to enquire into them and take a decision either to solemnise the marriage or to refuse it. Registration will be done after solemnisation of the marriage.



However, do note, any marriage already celebrated can also be registered under the Special Marriage Act after giving a public notice of 30 days, subject to conditions. However, as stated above, the bridegroom and the bride must have completed 21 years and 18 years of age respectively.

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