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Minakshi   29 September 2017

Want to used "middle name of mother" & "last name of maternal"

Hii Guys.. I want your expert opinion to resolved my issue.I am belonging to Maharashtra state. I have wed lock girl child, she is 2.5 years old now. I want to used my name as middle name and my maternal surname to her. As we have filed the mutual divorce case and probably in next year we will get that. In "Maharashtra State Women Policy" Chapter no 15 "Womens & Law" page no. 30-35, there is clearly mentioned that " Womans have right to used any surname for her and child as well". what is the legal process to do the same. Please advise if any.


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 6 Replies

Samir N (General Queries) (Business)     29 September 2017

woman cannot use husband's name in Maharashtra after divorce if husband opposes. There is a Bombay High Court judgment on that Neelam Dadasaheb Shewale vs Dadasaheb Bandu Shewale.  But you can certainly use any other name, including your parents'.  Child's case: If the father is paying maintenance for the child, he can insist on using his name for the child.  You should have thought of this earlier and put the terms in the MCD agreement. If you did, then you are safe. If not, and he opposes, another round of litigation will start. TO avoid, get something in writing from him, with legal advice and signed by witnesses.

Anamika Vichare (Practising Lawyer)     03 October 2017

Your anxiety is that you want the world to know your daughter by your name as middle name and your maternalsurname as her surname right.   Now that your mutual consent petition is pending.   So you better make an ppliaction for additing this consent terms.   If your husband agrees for that.  This willappear in the decree as DEcree comprises of the Consent Terms and then by following due procedure of law, you can change your daughter's name as you wish.   Hope you are not claiming maintenance for your daughter from her father and taht you are getting permanent custody of the daughter.   If your husbanddoes nt give consent,   Then when your daughter attains the age of majority, she can change her name herslf as per her will

Minakshi   03 October 2017

Dear Both, 

Thanks for the reply. Want to clear few things which might change your suggested views about this case.

1) We seperated just after 6months after marriage, as he mentally sound; he is suffering from OCD (Obsessive -Compulsive Disorder). At that time i was 5th month pregnant. Then i put DV aginst case of them. As well resides with my parent. My husband & his family not even come to see me or daughter from that day.

2) In mutual consent i asked for permant custody of my daughter and not mentioned about the name details.

3) I have not claim for anything for my daughter maintence. I just claim marriage compensation.

4) I want her name on birth certificate as per my desired format.

Kindly suggest.

Thanks & regards

Samir N (General Queries) (Business)     07 October 2017

Usual mess... probably triggered by unscrupulous advocates. What have you got from the DV case? Probably nothing so far.

If you want any relief, of any significance, approach the Family Court where you have already approached for MCD. Present all issues and demands there. Your prayers should include everything you possibly want from your husband. Divorce, separation, child-custody, child-naming, maintenance, etc.  Multiplicity of litigations is of no use. If you get MCD which does not address all issues, you will be running to the Court again, and again, and again... all to the delight of advocates!  It is not too late to amend the petition for MCD but do it after getting the husband's approval so that the MCD goes through smoothly as Mutual Consent means precisely that... there must be consent from both parties on ALL issues addressed.

 

 

Minakshi   11 October 2017

Hello,

Thanks for reply. I withdraw DV case and go for mutual divorce along with marriage compensation from them. What exactly means MCD can you plz ellaborates.

 

 

Samir N (General Queries) (Business)     11 October 2017

If you withdrew the DV case, I hope you did it with 'leave to refile' If you have not already withdrawn, make sure you do so. Not that I encourage you to refile but under the law if you withdraw a complaint without leave to refile it, the other party can take a legal defense that you have waived the allegations made in it (even if these allegations are repeated in the Family Court).  Hope it does not come to that.

MCD is Mutual Consent Divorce.  If you can go for a mutual consent divorce, as you say that you are going for, that is the best outcome you can get in a matrimonial conflict which is headed for divorce. Make sure that in the Consent Terms all issues are addressed without any ambiguity left and both parties accept them. Otherwise you will have to go to Court again-and-again.  Be reasonable so that consent terms are agreeable to the other party too. MCD is a win-win especially when a child is involved. Divorce is bad enough for the child. FIghting between parents makes it even worse. 

 


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