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Change in name

(Querist) 05 August 2014 This query is : Resolved 
Respected Sir / Madam,

I am a Hindu Guy who has married to a catholic girl in december 2011 but we have not made marriage certificate till date and now my wife is due for delivery in the next month. Below mentioned is query -

1. Since I dont have a marriage certificate would like to know an alternate way to get my wife's middle name and surname changed before delivery (within a month). The reason for me to do this is because I will be registering my wife's new name in the hospital for delivery so that her new name appears on the clild's birth certificate and because of this my wife will have to provide documents to change her name in office records and bank account to avail company medical maternity claim.

Kindly let me know the procedure to change my wife's name without applying for marriage certificate as she has been advised complete best rest.
Devajyoti Barman (Expert) 06 August 2014
Get your marriage registered under Special Marriage Act wherein she can mention the new name or surname.
Lalit (Querist) 06 August 2014
Thankyou so much for your reply.

Sir, applying for a marriage certificate at this time will not be possible as my wife is due for delivery early next month and doctor has advised her for a complete bed rest till delivery.

So request you to kindly let me know an alternate way to change my wife's name without applying for marriage certificate as she has been advised complete best rest.
Rajendra K Goyal (Expert) 06 August 2014
She can sworn an affidavit with gazette notification and news paper insertion. However, it would be better to get the marriage registered, your wife may not go for it time and again, only one or two visit would suffice. Take help of a local lawyer.
Lalit (Querist) 06 August 2014
Thanks sir. just one query affidavite and gazzatte notification are two differen things or is one and the same.
Sudhir Kumar, Advocate (Expert) 06 August 2014
Marriage between Hindu and Christian is void unless there is registration under Special Marriage ACt.

First let the marriage be legalised the discuss about name change.
Lalit (Querist) 06 August 2014
so sir is it illegal to change the name before we get the marriage certificate.
arunprakaash.m. (Expert) 07 August 2014
Not at all, You can change your name as per your wish.

First make an affidavit and publish your such intention in two newspapers and then publish in the governemtn gazatte. that all.

It is better to file a Memorandum of Marriage with the Registrar of gettig Marriage Certificate it will be required for all your future purposes.
Lalit (Querist) 07 August 2014
thankyou so much sir
T. Kalaiselvan, Advocate (Expert) 09 August 2014
In my opinion, for the present, you may give the proposed name itself in the hospital records while admitting her for delivery. The proposed name shall be the same to that of the one you are intending to get it registered while applying for marriage certificate under the special Marriages Act. Don't worry about getting affidavit or publishing it in newspaper or government gazette etc. Those things can be complied with if a necessity arises at a later stage for some other purpose eg., passport etc. You may go ahead as suggested or take advise of a local lawyer.
Lalit (Querist) 09 August 2014
Thankyou so much sir, but in order to claim mediclaim from my wife's office i will have to change her name atleast in her office and bank for that changing name in gazette only will be ok.

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