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Thirukumar   27 August 2018

Girl baby custody and name change????

I am hindu and got divorce 5 years back. We had filed mutual consent divorce after agreeing some property transfer on kids name for her future security.   Around 2.75 cents site (worth of 15 lakhs) registered to my daughter (current ex-wife is the guardian for property, till my daughter attains 18years age), and small amount deposited in bank for her educational need. After submitting these financial security, my ex-wife agreed for mutual consent. I did not get proper visiting rights, judge mentioned if ex-wife agrees and if kid is not disturbing her studies with father visit, then it is allowed. I kept quite on visiting my daughter due to my movement to abroad from India and bad mind of my ex-wife. I normally send some money or gifts for my daughter during her birthday.

Now the question is:

1. Before getting divorce, my ex-wife changed her surname (my name) and kept her father name as surname. I kept quite, not highlighted during divorce.

2. I suddenly came to know, without my knowledge ex-wife took my daughter to abroad. I do not know whether they are settling down there in abroad and continue my daughter education or not? How she applied new passport and Visa without my consent for kid?

3. When I was browsing internet, i came to know my ex-wife removed my name as surname from my daughter name? In place of my name her (ex-wife) father name (kid grandfather name) is given. It was published in the TAMILNADU GOVT GAZETTE under private advertisements section (Director  of  Stationery  and  Printing).


What legal actions I am allowed to file on my ex-wife for not taking my consent of migrating to Abroad and changing surname of my kid with out my knowledge.

I am now re-married, cannot fight against them personally. Would like to take the issue to court.


Please suggest me some valid points, to file the case in Bangalore or Chennai


 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     27 August 2018

Dear querist,

Share copy of your MCD decree at below mail id, normally matter relating to child visitation is covered under the Memorandum of understating of MCD.


Father name or surname cannot be removed without adoption of child. Adoption can only take place with the consent of biological parents where divorce or not.



Thanks and Regards

Deepak Joshi & Associates

Mb/whatsapp +919456777600

Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better

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