Can a mother change the name of child when a case is pending under section 25 of gwa?
Suman Das
(Querist) 15 September 2013
This query is : Resolved
Can a mother change/modify the name of child as well as her own “surname” in the Municipality Birth Record without informing the husband When proceedings under section 25 of the Guardians and Wards Act, 1890 and divorce cases filed by the husband are still pending before the district court.
The main motive behind this was to mentally traumatized the husband as the earlier child name have similarity with the father's name.
Under what section the father should approach the Ld. Court so that the earlier name of the child may be retrieved back?
Here the father is fighting the case as Petitioner-in-person.
ajay sethi
(Expert) 16 September 2013
name of child cannot be changed without father consent . draw attention of the court wherein application is pending to conduct of the mother
Ms.Nirmala P.Rao
(Expert) 16 September 2013
Dear Client,
Under both The Hindu Minority And Guardianship ACT AND Guardians And Wards Act etc, father is the natural guardian except in case of children who are of 5 years or below for custody purposes. Hence, during the pendency of all such legal proceedings cited by you a child's name can't be changed by the mother alone until the court finds the father guilty of some despicable crimes, Hence father's and Court permission is required to effect changes in the names of children till the final disposal of the legal proceedings or the court decides that father is disqualified due to some legal infirmity etc in giving his consent for change of a child's name.
Ms.Nirmala P.Rao
Legal Expert
Hyderabad
V R SHROFF
(Expert) 16 September 2013
Q:
Can a mother change/modify the name of child as well as her own “surname” in the Municipality Birth Record without informing the husband
Ans: NO
R.K Nanda
(Expert) 04 December 2014
you cannot do it without consent of father of kid.
Suman Das
(Querist) 05 December 2014
As we are all aware of the fact that some male judges are biased towards female litigants and they try to avoid this type of vital issue raised by male counterpart in pretext of this and that and try to play to the gallery.
This issue have already been mentioned(with Annexures RTI reports of Municipal Authority and Judicial Magistrate Court) as a fact in an Affidavit filed by the father before the Ld. Court and it is pending since February,2014.
So Learned friends please suggest the legal remedies available under the provision of law through which the earlier name of the child may be retrieved back by the father??
