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DMoss (Coordinator)     14 February 2023

Dutch man marrying an indian lady in the netherlands

Hello dear lawyers,

I am a Dutch citizen and will be marrying an Indian lady in the Netherlands. Some of the questions I have is

1. Name change. In the NL it is not mandatory for the lady to change her name. Can she still keep her name in the marriage certificate and will it be accepted by the Indian authorities. In that way she will not need to change her name in her passport and Aadhaar care, PAN etc. (We are both past our 50's and do not intend to start a family and have no properties.) However, I did notice that her passport does ask for name of spouse. Will she need to fill that in?

2. Does the marriage still need to get registered in the Indian Embassy?

Thanks!



Learning

 6 Replies

N.K.Assumi (Advocate)     14 February 2023

The United Nations General Assembly adopted the Convention on the Elimination of All forms of Discrimination against Women on 19th December 1979, and both India and the Netherland became a party to the Convention in the year 1980. Article 15  of the Convention accord to women equality with men before the Law,, while Article 16 of the Convention provides measures to eliminate discrimination against women in marriage and family relations. You can go through the Convention and the Two Optional Protocol to the Convention. 

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Dr J C Vashista (Advocate)     14 February 2023

There is no legal requirement to change her name, if she is unwilling.

If you do not intend to have a "family" or "property" why do you want to marry ?

N.K.Assumi (Advocate)     14 February 2023

Your second query "2. Does the marriage still need to get registered in the Indian Embassy? Yes, in Netherland, under FMA 1969.

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DMoss (Coordinator)     14 February 2023

Thank you Mr. Assumi for your feedback. I just called the Indian Embassy in the NL and the person there said that name change was not mandatory and that the marriage does not need to get registered in the Indian Embassy. The marriage will be solomonised at the local Municipality and I will get an internationally recongnised certificate. Would this be sufficient?

Sudhir Kumar, Advocate (Advocate)     15 February 2023

As far as filling name of spouce is concerned such additions/deletion to keep taking place.

N.K.Assumi (Advocate)     16 February 2023

CEDAW has made it clear that change of spouse name is not mandatory as women has been given the right to choose her name, as for any Indian citizen marrying outside the Indian territory or outside the country has to complied with the FMA 1969, that is marriage before the Marriage Officer appointed by the Government of India by Notification in the Official Gazette. 


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