Mother can changed child's name without consent of me.

Ramesh Chandrasekaran (Querist) 01 June 2018 This query is : Resolved
Hi Experts
Me and my wife separated last 6 years she lodged false allegation ipc 498a case now the case is on appeal. In this stage now i came to know my child Name Sivasekaran as per the birth certificate but after separation my wife deliberately changed the child's name Prasun she got aadhar card and she admit the same name also. Now i object her and against the law so pls give the legally action steps
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Ms.Usha Kapoor (Expert) 02 June 2018
Normally without husband's consent She can't change the name of the child in his birth certificate.Courtesy, Kalaiselvan I'm quoting his words.vide India Kanoon I.
Mother's name can always be added to the child either along with biological father's name or mother's name alone.
I'm giving below Supremde court Judgment excerpts published In Times ofIndia.
https://timesofindia.indiatimes.com/india/Dads-name-not-must-on-birth-certificates-SC/articleshow/47966042.cms
Children can use either their mother's or father's name," a Government Resolution issued by the Women and Child Welfare Department said. This is in accordance with the third women's policy, 2014, cleared by the state cabinet in March.
If any woman faces problems in exercising the choice, she can complain to the concerned district collector. In case of children, they can now mention names of both the parents, or either of them, in the documents, the Resolution said.
When a single woman or unwed mother applies for her child's birth certificate, it must be issued on the basis of her affidavit and without insisting that she disclose the name of the father, the Supreme Court ruled.
"In today's society, where women are increasingly choosing to raise their children alone, we see no purpose in imposing an unwilling and unconcerned father on an otherwise viable family nucleus. It seems to us that a man who has chosen to forsake his duties and responsibilities is not a necessary constituent for the well-being of the child," the bench of Justices Vikramjit Sen and A.M. Sapre said.
The Supreme Court ruled : "The law is dynamic and is expected to diligently keep pace with time and the legal conundrums and enigmas it presents.... We direct that if a single parent/unwed mother applies for the issuance of a birth certificate for a child born from her womb, the authorities concerned may only require her to furnish an affidavit to this effect, and must thereupon issue the birth certificate, unless there is a court direction to the contrary."
The court explained why the ruling would go beyond an individual case.

Guest (Expert) 02 June 2018
Why worry, fight the present 498a case to win. After that file a justifiable case for the custody of your child. If you get custody, change the name again.

Vijay Raj Mahajan (Expert) 02 June 2018
You can file petition under section 25 of the Guardians & Wards Act seeking complete custody of your son from the court. You can always get the name of the minor son changed in the Aadahar by using Original Birth Certificate as you are the biological father having the natural guardianship of the minor son.
The wife changed the first name of the child that was duly registered in the Birth Certificate of the minor son and she will not be able to get the same changed in the birth certificate without the consent of the father. The change of first name by way of newspaper notification and using the same for getting Aadahar of the child does not mean the wife can use that in the schooling of the child where the birth certificate will be required in which the original name of the child is different, this will create problem for her.

K Rajasekharan (Expert) 02 June 2018
In a birth register, a wrongly entered name or a pet name of the child can be changed based a joint application of the parents in some states like Kerala but no change of name can be made later as per the law and rules governing birth registration.

The birth registration act in its section 14 allows a parent or guardian to inform the name of the child. In Kerala, it is the section 10 of the rules and the concomitant circulars that govern the matter. But no rule permits a haphazard correction of the record of birth.

So the change of name made as above by a custodial mother without the consent of the father so long as the marriage subsists is against law. However each state follows its own rules and other procedural formalities prescribed by transient circulars even though the act governing it is common in every state.

Guest (Expert) 02 June 2018
In Indian courts Only the Mothers would be given the Preference and Importance in Child's custody. You were not worried about the child's welfare so long and suddenly and surprisingly you started worrying about child's name. Mother has full right to justify the child's name of her choice and she could even have only mother's name in the records also ignoring the father's name Legally.... Our country is only called as Mother's Land.

Guest (Expert) 02 June 2018
Honorable Justice Manmohan of Delhi High Court had Pronounced an Order that only Mother's name would suffice for Indian Pass Ports also.

Ms.Usha Kapoor (Expert) 03 June 2018
I stick to the same view. as above.

Ramesh Chandrasekaran (Querist) 15 June 2018
Thanks for gudence experts

Mother can changed child's name without consent of me.

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