Surname for a child wihtout father's surname
khader basha
(Querist) 25 November 2011
This query is : Resolved
Hi all learned members,
Can a KID name be decided by his MOTHER without including his FATHER's SURNAME.
Though several attempts made, 498a-ed_WIFE is reluctant to include HUSBAND's surname in the name of KID.
Is there any law/provision/act, that the FATHER can approach the COURT to see his surname attached in the name of his KID.
plz throw some light on this query.
regards.
mahendrakumar
(Expert) 25 November 2011
to the best of my knowledge and belief,there are no laws regarding naming a person.
these kind of matters cannot be settled by law and coersion alone.
such things happen,when a relation like marriage is not properly bonded with "love".
V R SHROFF
(Expert) 25 November 2011
FATHER IS A NATURAL GUARDIAN OF BOY. [U/S 6 Hindu Minority & Guardianship Act, 1956)
GUARDIANSHIP INCLUDES NAMING, PROPERTY & ALL RIGHTS UPON THE CHILD.
only CUSTODY OF VERY YOUNG BOY TILL 5 YRS OF HIS AGE BE WITH MOTHER.
Mother is only a defacto guardian [Ranganatha V/s Kuppuswami 1977 (2) MLJ 128.]
IN ANY CASE, IN ALL DOCUMENTS, SCHOOL, ETC, FATHER NAME IS REQUIRED, AND NO ONE CAN CHANGE FATHER'S NAME EVEN AFTER DIVORCE.
DECIDING POWER AND AUTHORITY IS WITH FATHER, AND NOT WITH MOTHER, UNLESS SHE GET DECLARATION TO THE EFFECT THAT FATHER IS NOT CAPABLE TO BE A GUARDIAN, AND SHE GETS GUARDIANSHIP THROUGH COURT ORDER.
YOU CAN FILE COURT CASE under this law HMGA 1956.
Devajyoti Barman
(Expert) 25 November 2011
Definitely there is no specific law in this regard but the father can restrain to change his surname without his consent for which he would need to file a suit for declaration and injunction.
Rajeev Kumar
(Expert) 25 November 2011
Yes i agree with experts
Shonee Kapoor
(Expert) 25 November 2011
Agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 25 November 2011
Shroff! Matter under discussion is not of guardianship rather it is typical fight between husband and wife wherein there are under fight on various other issues and have now found their kid as latest 'arm and ammunition'. I suggest you both to come to a settlement on all disputing matters, the matter of sirname of child is not a big issue.
prabhakar singh
(Expert) 26 November 2011
Surely no specific law is their with respect to query courts can be approached the way suggested by Mr. Barman but think that till
suit is contested between you two over years
and mean while minor attaining majority,the suit shall go in air or at the wish of minor.
True his fatherhood can not be changed but can adopt any name of his choice.
Then makkad's advise is the best one to follow.
Arun Kumar Bhagat
(Expert) 03 January 2012
If the mother affirms affidavit on behalf of her minor kid thereby changing kid's surname then no law can prevent her from doing so.
V R SHROFF
(Expert) 03 January 2012
Arunji,
Only in absence of Father, and or curt order father as unfit as guardian.
If father also file similar Affidavit, will the child have two different names?
Though practically I agree with Shri Makkad's advise, as nothing better than that, and as Shri Prabhakarji said, the suit shall go in air,is also true.
Law is this:
FATHER IS A NATURAL GUARDIAN OF BOY. [U/S 6 Hindu Minority & Guardianship Act, 1956)
GUARDIANSHIP INCLUDES NAMING, PROPERTY & ALL RIGHTS UPON THE CHILD. So there cannot be two guardians for a KID.
