Is it mandatory for married women to change her surname?
Querist :
Anonymous
(Querist) 17 January 2018
This query is : Resolved
Dear Experts,
Recently my wife applied for domicile certificate in local tahsildar office in Mumbai. My wife has not changed her maiden surname to my surname after our marriage, as she intends to keep her maiden name and surname and does not wish to change it.
The officials refused to issue her domicile certificate in her maiden name, as she is married to me. As according to them as per Indian customs, it is mandatory for married women to change her maiden name to married name, which I believe is legally not valid.
In response to their argument, I provided them a bombay highcourt judgment dt. 2nd Nov 2011 in reference to Family Court Rules, in which the court categorically said that "where a wife has not changed her name after marriage by publishing a notice in the Official Gazette, she may continue to mention her maiden name." But obviously, they refuse to accept my argument and denied to issue a certificate in her maiden name.
Kindly guide me in this regards.
Thanks,
Sachin
Vijay Raj Mahajan
(Expert) 17 January 2018
You're absolutely right but fortunately the foolish officials in Tehsil office can not convinced unless you get order from the Deputy Commissioner office. Fix appointment with DC of the district, get his order on your application for domicile certificate, after that you'll get domicile certificate from Tehsil office.
N.K.Assumi
(Expert) 17 January 2018
A hindu may mrary a christian or a catholic may marry a muslim or a jewish, as such it will not be a sound public policy to make it mandatory that a married women change her maiden name. in fact many women IAS officer etc, are using their own maiden name.
Isaac Gabriel
(Expert) 17 January 2018
Change of name by adding spouse name to the maiden name is not mandatory and it is only optional..
Ms.Usha Kapoor
(Expert) 18 January 2018
NOW A MARRIED WOMAN CAN RETAIN HER MAIDEN NAME.
https://timesofindia.indiatimes.com/india/Now-women-can-retain-their-maiden-name/articleshow/12037930.cms
Querist :
Anonymous
(Querist) 18 January 2018
Dear Experts,
I sincerely appreciate your efforts and advice. Thanks a lot for helping me.
It is clear now in mind that my argument is valid and my wife has right to use her maiden name.
I would try to act on the advice given by Adv. Mahajan, and try to fix up an appointment with District Collector, and to get an order from his/her office.
I presume that mere putting my point verbally with the concerned authority would not suffice. So my question is apart from the TOI article and Bombay Highcourt judgment dt.2nd Nov 2011, are there any judgments, references I can refer to prove my argument.
Thanks a lot again experts for sparing your valuable time.
Regards,
Sachin
Kundan Kr. Singh
(Expert) 18 January 2018
expert opinion are absolute right.I am agree.
Querist :
Anonymous
(Querist) 18 January 2018
Dear Experts, I sincerely appreciate your efforts and advice. Thanks a lot for helping me.
It is clear now that my argument is valid and my wife has right to use her maiden name. I would try to act on the advice given by Adv. Mahajan, and try to fix up an appointment with District Collector, and to get an order from his/her office. I presume that mere putting my point verbally with the concerned authority would not suffice. So my question is apart from the TOI article and Bombay Highcourt judgment dt.2nd Nov 2011, are there any judgments, references I can refer to prove my argument. Thanks a lot again experts for sparing your valuable time.
Regards,
Sachin
Dr J C Vashista
(Expert) 19 January 2018
If you are really concerned for grant of an obligation of FREE legal advise from experts on this platform you will have to disclose your identity, however, "ANONYMOUS" author like you, are not entertained.
Isaac Gabriel
(Expert) 19 January 2018
Dr.Vasishta has rightly pointed out.Anyway you are fortunate to get replies.Had you revealed your identity, you would have received the authenticated references,since many experts skipped the query being posted by anonymous.
Querist :
Anonymous
(Querist) 20 January 2018
Dear Experts,
Posting my query without revealing my identity wasn't intentional and I inadvertently posted it anonymously. I thank the expert for reminding me of the adverse effect of posting anonymously. I tried to find out the possible ways disclose my identity for this thread, but couldn't find it.
I've been following this forum for quite a long time to keep myself informed and I chose to ask for the expert's opinion on this forum in anticipation of getting proper guidance as well it would have helped others in future stuck in the similar situation, and definitely not for free advise.
I always believe this forum is based on the principle of knowledge sharing. I'm thankful to all of you for sparing your valuable time and helping me with my query. I'll take the due care in future and will not post any query anonymously. Thank you again.
Regards
Sachin Kadam
9967689026
Isaac Gabriel
(Expert) 20 January 2018
I appreciate your positive reaction..
Guest
(Expert) 20 January 2018
Not mandatory............
Querist :
Anonymous
(Querist) 22 January 2018
Dear Experts,
I sincerely thank Mrs. Usha Kapoor for sharing the TOI news article, which would be really helpful for me to defend my view.
I would like to thank Mr. Mahajan and Mr. Gabriel, and other experts for their valuable inputs and advice. Thanks again.
Admin, can this thread be closed now? Thanks.
