Mutual consent divorce

Querist : Anonymous (Querist) 17 September 2018 This query is : Resolved
My husband doesn�t want to take care of my child can I have the clause in mutual consent divorce that husband is not willing to take responsibility of child and child�s entire responsibility lies with me and I can remove his name at my will from birth certificate

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KISHAN DUTT KALASKAR (Expert) 17 September 2018
Dear madam,
Name of the father of the child can be deleted in the following circumstance only.
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How to Change a Child’s Name/Surname After Divorce

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The legal surname of the child is the surname nominated by the registering parent or parents at the time of the child’s birth. This is often the surname of the child’s father.
In the event the relationship between the parents subsequently breaks down, then one of the parents of the child may wish to change the child’s surname. This usually happens if the mother has adopted the father’s surname at the time of marriage, and subsequently wishes to revert to her maiden name after separation. So that the child does not have a different surname to the mother in that instance, the mother might then seek to change the child’s surname to her own maiden name or hyphenate her maiden name with the father’s name.
In other situations, the mother of the child may remarry and adopt her new husband’s surname and seek that the child from her first marriage also adopt her new husband’s surname. This is particularly the case if the father of the child is estranged from the child and the child views her mother’s second husband as his or her paternal figure.
How to change a child’s name if both parents consent
In the event that the child’s parents are listed on the child’s birth certificate and both consent to a change of name, then the parents may jointly register an application to register a change of name at the Office of Births, Deaths and Marriages.
How to change a child’s name if both parents do not agree
In the event one parent wishes to change a child’s name, and this is opposed by the other parent, then it is advisable the parties participate in mediation to try to resolve the matter. Depending upon the age of the child, the parties may consider that the child also participates in the mediation so they may take into account any views expressed by the child, especially if the child is a teenager.
FATHERERS NAME REMAINS EVEN AFTER DIVORCE SINCE THE CHILD BORNTO THAT FATHE…… IF EX-FATHER DISPUTES LET HIM GO TO THE COURT.

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Vijay Raj Mahajan (Expert) 18 September 2018
Birth certificate is based on the birth of the child with the Municipal Corporation of the place where the child was born. The record is collected from the hospital where the child was born. The name of both parents and their status, address etc. is collected from the hospital which is passed on to the Municipal Corporation. You want at your will the complete record of the Municipal Corporation be changed as husband/father of child is not taking care of the child and issue a new birth certificate without his name or with name of someone else.
Your such reasoning just show although you seems to be learned person but talk like illiterate person. Your such demand is absolutely irrelevant for divorce by mutual consent agreement.