Upgrad LLM

change from married name to maiden name


Hi

Can any one please throw some light on the following question:

Can a  women change from married name back to maiden name. The marriage certificate has been obtained with change in husband's surname. However for all other purposes the maiden name is still  continued to be used except for passport ( obtained before marriage) which is yet to be updated after marriage.

To avoid the name confusion can the marriage certificate be changed to include the maiden name and do away with husband's surname. Is there any problem if the name in marriage certificate is married name and for all other purposes, maiden name is used.

Thanks in advance in anticipation of workable solution.

 

 
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advocate

It is not advisable to use maiden name after marriage. You can use your husband's surname at every lavel

only you have to submit an affidevit to such effect that you have been married now and you must be recognized as your present name.

 
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Gender Researcher

Arvind,

Why is it not advisable to use the maiden name? I have seen many married women using their maiden name. It becomes especially so important when one is in a profession like writing and publishing. 

Shilpa, I do hold my passport in my maiden name and have not changed my maiden name post marriage.

 
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advocate

Respected mam it not bad or illegal, but  I suggested only to avoid future complications.

 
Reply   
 

Dear Shilpa,

 

 

The decision a woman makes of whether to take her husband’s last name or to keep the name she was born with is particularly loaded. Aside from the opinions of all the friends and family members who will want to weigh in, both options have advantages and disadvantages. The woman who does not change her name may run into roadblocks taking care of household business, and will not be listed in the telephone directory; if she has children with a different last name, people may assume that she is not married to their father. Women who do change their names escape these hurdles, but they pay for that convenience up front, when they put the time into a legal name change.

 

 


Now here is your solution ;

A joint notarised affidavit is a declaration made by you and your wife on stamp paper, signed by a magistrate or a notary. The declaration states that your maiden name was  so and so.

Then by virtue of your marriage, you shall be known by this name..The affidavit also carries a joint photograph of your and your wife.A notarised affidavit, along with your marriage certificate, is enough to change your name at the bank, on your passport, on the Permanent Account Number (PAN) for income tax (IT) deductions and even on your driving license.

However, submitting a notarised affidavit can be a tedious and expensive affair every time your new name has to be recorded. More so, if the concerned departments / officials ask for the original affidavit each time!

Make your life simpler by registering your new name with your state government gazette. Collect a copy of the name change form --- available free of cost -- and fill in the details correctly. Attach a copy of your marriage certificate and pay a nominal fee.

 
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Gender Researcher

Kushan

Thanks for this post. I am just wondering how come a woman with maiden name would not be listed in telephone directory? I have a landline and I am listed in the  telephone directory. For all purposes I do write my maiden name and in the slot husband's name I write my husband's name. In a state where initials are more important than surnames and surnames are literally not used, initials can be both of  initial letter of names of mother and father( this trend is now encouraged in Tamil Nadu state), a child can have benefit of having both his/her mother and father's name. 

I am not aware of problems of getting involved in family business but theoretically speaking there should not be any problems, or there are?

 
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None

Not clear what is your confusion, genrally marriage certificates contain actual name at time of marriage i.e Mr. X and Miss Y are married at so and so place on date . they don't talk on change of surname etc.

Next is what you should use - You are not bind to use any specific name husbands or maiden you can use any thing and just providing supporting documents for name change is required.

Next is why you should use husbands name - no legal restriction,reason is simple it gives a familyname and toghterness to family. In all cultures including US and Europe girls uses husbands name other wise its is considered as two differnet ppl living undersame roof. ( hope fully u don't want to keep marriage certificate every time).

Around the globe married women changes last name based on marrige certificate and ID ( passport in ur case) it is much easier for you to use husbands name. For now reverting back name u need reason like divorced ? or go thru name change process.

 
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None

Before making decision just think why Hillary rodham linton is Clinton or Indira Gandhi was Gandhi not Nehru or Micheal Obama is Obama. Take decision don't go with over hyped femeinist views will not help you fo rlong term

 
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UNEMPLOYED

IF YOU WANT TO CHANGE NAME FROM MARRIED TO MAIDEN, YOU DO THIS BY AFFIDEVIT. NO PRBLEM FOR IT. TAKE SERVICE OF A LOCAL LAWYER.

IT IS THERE DAY TO DAY WORK.

 
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Gender Researcher

Thank you Mr. Arvind. It was in a way to get more educated on this that I raised the query to you. When you have time, I would also like to know the nature of complications that a woman may come across if both husband and wife are in agreement that she need not change the maiden name. 

To my other friends here, a woman irrespective of her ideologies has a right to exercise her individual choice, whether married or unmarried. The examples of great personalities do not take us very far in that direction. And this is a fact  that maiden names are kept(though majority of women may not do it) post marriage without any /much conflict between spouses. 


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