LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rajugabrielrodricks   17 January 2015

Surname change

We are not divorced but staying separately. My 2yrs7months old child is with her parents at Vizag and my wife in Kerala. Can they change my daughter's name and surname without my knowledge? If they try to do it will the Honbl' Court ask for my presence. Thanks


Learning

 9 Replies

Jayashree Hariharan (Advocate)     17 January 2015

Your presence is not required, since name change can be due to any reason, and I suppose your wife will not tell the real reason, since, as you said, no divorce.

1 Like

rajugabrielrodricks   17 January 2015

Madam is there any way I can Stop This from happening?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 January 2015

As per birth certificate of your baby will be continued..

If any changes required, parents petition with affidavit  is a must.

Suneet Gupta (www.vashiadvocates.com)     18 January 2015

The surname of the child is usually as per the father's surname. However, this is not compulsory. if your daughter's surname was not mentioned in the Birth Certificate, then your wife can try to change her surname, without telling you. This can be done at the time of her admission to school by giving er mother's surname on the form (as getting it done legally will be difficult for her).

Your options include - Filing an application for restitution of conjugal rights to force your wife to come home, or you can file for divorce and custody of your child.

rajugabrielrodricks   18 January 2015

Fist of Thank You all for answering. In my daughter's Birth Certificate and Municpality Birth registration Certificate my Surname is mentioned. Also in my daughter's Passport My surname is mentioned.

Suneet Gupta (www.vashiadvocates.com)     18 January 2015

If your surname is added to your daughter's name in her birth certificate then it will be difficult for your wife to change it unilaterally without your consent. The consent of both parents is required for change of the child's name and unless she manages to bypass your consent through unscrupulous means, she cannot change your daughter's surname.

However, you should still think of filing a suit for restitution of conjugal rights and custody rights for your daughter.

1 Like

rajugabrielrodricks   18 January 2015

Thank You Suneet Gupta Sir for ur kind advise

stanley (Freedom)     23 January 2015

@ Author .  Legally your childs name cannot be changed as she is a minor and the consent of both parents is required for change of name till she is a minor. once the child  turns into a Major she can herself change her name . 

 

@ Jayshree i am suprised at your reply stating that a name can be changed for any reason of a Minor with the consent of one parent only . With all due respect i do not know which law school has taught you this ?

Can you post  some judgements for change in minors name which took place with the consent of a single parent to establish your claim :-) 

1 Like

Suneet Gupta (www.vashiadvocates.com)     23 January 2015

I agree with Stanley and the opinion of Ms Jayashree is totally incorrect, and her statement 'Your presence is not required, since name change can be due to any reason' is preposterous.

The only time a minor's name can be changed by one parent is when custody of the minor is legally with one parent, e.g. in cases of divorcees (only after court order and permission), and in cases of death of one parent.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query