Use of surname
patter
(Querist) 11 June 2015
This query is : Resolved
My wife and I (both Hindus living in Mumbai)were given mutually consented divorce by Bandra court in Mumbai. One of the mutually agreed conditions, which appears in the decree too, is that she should not use my name and surname and that she should remove the same from all her documents, bank accounts, passport, ration card, hsg co-op membership etc etc. Her first name was not changed after the marriage. Before marriage, she was using her father's name and surname. Even 4 years after the divorce, she is using my name and surname. Is she required to publish the change of middle name and surname in the gazette? I believe since the court has forbidden use of my name and surname, it is not necessary. Once the marriage is annulled, she goes back to her previous status. Cannot she use her original middle name/surname from the date of divorce without publishing in gazette? How can I stop her from violating the court order (that is, use of my name and surname)? Can I claim compensation? Can I resort to contempt of court proceedings?
adv. rajeev ( rajoo )
(Expert) 12 June 2015
You can sue her for violation of terms and conditions, but I think it is not proper steps you can take. Just publish the notice regarding divorce and not to use the name and surname in the paper and send it to the concerned departments.
Dr J C Vashista
(Expert) 12 June 2015
Issue legal notice and follow up with a declaratory and permanent injunction suit to refrain your ex-wife from using your name/surname. You may also seek compensation for damages.
Contact, consult and engage a local lawyer for proper professional advise, guidance and proceeding.
Rajendra K Goyal
(Expert) 12 June 2015
Send her notice for not to use your surname and abide by the terms of MCD.
