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Roshni B.. (For justice and dignity)     14 October 2011

Divorced women can use their married surnames

 

MUMBAI:

Divorced women have a reason to cheer. No authority can prevent them from continuing to use, for legally valid purposes, their former married surnames. 

"The wife has a fundamental right under Article 21 of the Constitution of India (right to life) to use any name including her married name notwithstanding the fact that her marriage has been dissolved," said additional solicitor generalDarius Khambata in a legal opinion to the Mumbai regional passport office (RPO). The legal position thus clarified, the passport office finally reversed its earlier stand and issued a divorced Pune woman a renewed passport in her former married surname this week. 

The passport office had earlier this year denied a Pune woman her constitutional right to use her name, even though her former husband had no objection to its use. The RPO had referred the matter to the law ministry. The authority appeared to rely on a report of a February 2010Bombay high court order that stopped onedivorced woman from using her married name after her ex-husband specifically objected to it. 

In June, women's activist and advocate Flavia Agnes wrote to the passport office and sought legal validity of its refusal to issue Rina D'Mello (name changed) her passport in her married name. In August Khambata, answering the passport officer's query, said it "was wrong to insist on issuing the passport in her maiden name". 

He said the passport office can issue the passport in the wife's married name, given that her reasons "appear genuine" and her husband had no objection. 

The passport office had insisted on renewing her passport in her maiden name when her bank account, flat, ration card, passport, voter card, her signature were all in her former married name. A change would mean "immense hardship" apart from violation of her constitutional right, said Agnes. She said many women had suffered because of this approach. 

Khambata, to whom the law ministry had referred the matter said each case would have to be considered on its own facts. "There is no general rule for the passport authority to reject an application by a divorced woman for a passport in her erstwhile married name. A wife could be restrained from using her married name only if she used that name to deceive or mislead any authority or the world at large or if the use of that name led to any misuse." 

In the HC case relied on by the passport authority, the husband had specifically objected to his ex-wife's use of the married name, Khambata pointed out and said the case was "distinguishable on facts". 

Not passport officers alone, several other authorities too have been "harassing" divorced woman over the use of married surnames for over a year, said women activists. But now, the path is clear for divorced woman to retain their married surnames and an "unnecessary controversy is closed", said a family court lawyer.



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 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2011

yes

recently the hon'ble court held this in a dicision, that the women lady use husbend surname

Tajobsindia (Senior Partner )     14 October 2011

1. It is not fundamental right even qua Art. 21 COI per se. Had it been so then it is funadamental right for a ex male spouse to ask for RCR post divorce ....I mean why not !


2.
Indian Passport Act does not specify and there is no Legislative interpretation. It is interpretation of a lone RPO succumbing to pressure of Flavia Agnes who is known to be quite a arm twister regionally.  
 

3. Spordic case(s) such as these that also from Mumbai is brain child of regional vocal feminists brigade which is sure sign to rejoice of some of the other metros ex wives now.......
Reasoning: Once marriage dissolves all ties with ex spouse dissolves and retaining ex spouse surname itself shows "malafide intention" of female ex spouse as earlier spoken here by me that in some States in USA it is illegal to use ex spouse name post divorce coupled with re. Mumbai HC Judgment where ex spouse objected to use of his surname by his ex spouse post divorce and even in India in immediate days to come we will hear 'fraud' and 'misuse' cases of empowered metro wives coming to public forums which is not very far. It is height of insecurity to think of feminist voice to retain surname of ex spouse yet break all ties legally ! I mean you ex female spouse are now simply 'fooling' generic public by being still referred to as Mrs. falane post divorce :-) I also wants to express that if ex male spouse does not object as it is obvious how he comes to know that his ex srimati ji is still using his family surname and doing activities which legally she now is not supposed to have been done like for illustration buying property post divorce per se as Mrs. falane and say when not able to pay loan (say) after some time then the first thing Bank people will send notice is to her husband (obviously thinking that she is married as she uses Mrs. falane name hai ki nahi.....) later to discover that she was divorcee for quite long time and using the then ITR statement of erstwhile husband she managed to rake in higher loan than what she was entitled to had she been diclared as simply Ms. XYZ ! These are some of the misuses for which now ex husband will be asked to come to court to "protest" in the name of Art. 21 COI com'n is that the way a ordinary clerk i.e. RPO interprets COI and is Hon'ble SC gone on strike and/or are prudent Adv. here are sleeping to interpret Art. 21 COI hands down kya ?????????

1 Like

(Guest)

one should feel proud for father's title !

1 Like

Aishwarya (Teacher)     14 October 2011

life can be glorious with just a name , for making things great one may not need any surname..

once u achieve or establish somethng thn ur known..and whts in it when its always after ur name..its always for what u are and not who u are !


(Guest)
Originally posted by : Zeeshan
"
Why only surname ? Divorced Woman can use his property, money, bank balance, play with his kids etc.etc.

DV  ZINDABAD
"

not her?


(Guest)

As per my opinion, Divorced woman is not allowed to use surname of her ex-hubby.

If she don't want her hubby as her husband, Then why she used her surname ?

After complete end of relation b/w the two, No one allow to use his/her name or surname at anypoint.

Otherwise, It is in-justice with her ex-husband and her out-laws.

Also, in these type of cases. Whoever takes the custody of their children. Then children used surname of anyone as per their choice after they are able to think about their future.

Also laws have to give full right that they wants to live with their mother or father. Choice is overall theirs, No legal boundation will be there with childrens.

Hope my thought's are acceptable to you.

 

Regards,

Abhinatre Gupt.

1 Like

(Guest)

"Why only surname ? Divorced Woman can use his property, money, bank balance, play with his kids etc.etc.

DV  ZINDABAD"


Bharat Ratna DV Zindabad.


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