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mothers surname

Legal Consultant

In case of divorced mothers, can mothers surname be given to the child in the school ? Is there any state/central govt circular for this ?


 

 
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Senior Partner

@ Author 

Since child ordinary residence location is not expressed in your briefs I hope below news item link (though pertaining to Maharastra) may help knowing it is possible to do so legally !


http://articles.timesofindia.indiatimes.com/2010-03-01/nagpur/28138024_1_surname-school-education-gr 


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Legal Consultant

The child resides with her mother in Bangalore, Karnataka. She is been given complete custody of mother. Pl suggest.

 
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legal

Yes you can. A child is having a fundamental Right to aquire a mothers name and her surname. For this is does not required any circular of any government. All this Right is given under Art.21 of Indian Constitution. At the time admission you required copy of Divorce order which is passed by the Court. This document is more than enough in any school for admission. School is not having any Right to ask fathers name. Mothers name is also equally acceptable as per India Constitution.

 

Hope this will be workable for you.


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LAWYER-ADVOCATE

KINDLY NOTE THAT

1YOU MAY SUBMIT THE APPLICATION FOR ADMISSION OF THE CHILD TO THE SCHOOL.ENCLOSE THE COPY OF DIVORCE ORDER OF THE COURT AND GIVING YOU THE CUSTODY OF THE CHILD.

2.YOU MAY WRITE THE NAME OF CHILD WITH MOTHERS NAME.

3IN CASE YOUR PURPOSE IS NOT SERVED THEN DONOT WAIT, FILE A WRIT PETITION TO HIGH COURT AND SEEK DIRECTION FROM THE COURT.YOU WILL SUCCEED.GOOD LUCK.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

 
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