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YVerma2007 (Registered Patent Agent)     17 July 2012

Illegal if surname not changed?

Dear fellow members

Is it illegal if  I do not remove the surname of my ex after divorce, as verma is a common surname in our community. Many of my cousins are already using this surname as they did not like their own surname. I have to do a lot of paperwork to do this..including adv in newspapers. I may have to go to a foreign country after a few months. I need to take my decisions before that.

I am working and have no help at hand.

Please note I have no intention of using his surname in any good or bad intention....I have cut all my contact with him and have no intention of keeping any contact with him in future.

Its just that the surname is not very distinct and i could get away with the hassle of doing all the paperwork.

Kindly advise


 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 July 2012

There is an affidavit proforma in passport website for the change of name for taking passport etc.

ravindra (Analyst)     17 July 2012

Yes there is SC judgement after divorce woman can't use ex husbund surname

Tajobsindia (Senior Partner )     17 July 2012

@ Lady,

But you are not even legally divorced from the smell of your thread it flavors that,  you are just “separated” as in self decided or jointly decided or self declared whatever but not before the eyes of Law by way of legal papers is my chintu sa observation - prove me wrong ji.
2. Above besides minor observation it is not necessary to change surname post marriage by wives pan India. Any one can very well retain once maiden name or once natal surname whatever and does not come under once Fundamental Right or under Copyright Rights or even under as once Trade Mark. But since mostly married ladies are docile they sway post marriage night and are roped in ultimately to change and accept my dear husband’s family name (surname) to declare before (kitty party) society - this is observation not comment on your thread post as in generic way so no meows on me now

3. Now that you want to turn other way round and keeping para 1 in focus; here are the ways it is done (only if before foreign trip you manage all the required Herculean paperwork as per particular Embassy guidelines read with Passport managed with)
- Draw a Affidavit (notarized) and give Paper Advertisement of surname change. Keep one too many spare copies of full page of newspaper where the advertisement appeared with you.
- Go to State’s Gazette Office and pay requisite fees and get it Gazette Notified. Once it publishes seek spare copies of the Gazette and with which all Public Documents that you have change surname everywhere and at before every Public Authority you will be required to submit one Affidavit in Original with surname change as well as Gazette Notification publication in original. They all will keep both originals with them and do the needful. Take true Copies of what they did as surname change.
- Same stands good for Passport too.

But believe me it is a Lord Hanuman’s (lady Hanuman is what I mean here BTW what it HER copyright name?) leap getting your peculiar work done in front of concerned Public Authorities hence .......

All the best.

[Do come back here once you come back from Gazette Publication Office I may add some more Igyan then


YVerma2007 (Registered Patent Agent)     19 July 2012

I have a decree /order from court under section 13b

I knew that its not necessary to change surname after marriage....but if you dont want to change your surname in the Indian culture it is felt that you have not accepted you inlaws family and I didnt want such petty issues to harm my relationship so I let him change my surname whereever he wanted.

Tajobsindia (Senior Partner )     19 July 2012

1. So what is your question here; after MCD [S. 13 (2) B HMA] you want to keep it or want to change it ? 
2. If you want to keep it and he has no obejction then keep it. If you donot want to keep it and/or he also objects to it then my earlier reply is what you are supposed to follow to change it.
3. Law will not come into picture till either or both of you have some objection to retaining 'ex husband's surname" post MCD [S. 13 (2) B HMA].

YVerma2007 (Registered Patent Agent)     19 July 2012

Well thank you but too late now, yesterday after reading the  below mentioned reply

Yes there is SC judgement after divorce woman can't use ex husbund surname

 I intiated the process by getting the deed poll ready (notarized) to submit and giving the adv in two newspapers. I did not know that I have to go to the gazette office also.


B.N.Rajamohamed (advocate / commissioner of oaths)     19 July 2012

Dear member,

If you have the surname in the passport and if you want to remove the same you have to adopt the regular procedures . If you don't mind about it then leave it . It is not that much significant of possesssing the surname inspite of the divorce . 

YVerma2007 (Registered Patent Agent)     19 July 2012

Thanks !

Can I still back off. I have not yet submitted the documents at passport office but the advertisement has been given in newspapers (not among the leading newspapers as the leading newspapers have very high rates.)

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