name of mother after the name of chiild

Querist : Anonymous (Querist) 16 July 2010 This query is : Resolved
HELLO ALL LEARNED EXPERTS

MY LADY CLIENT IS GOING TO TAKE DIVORCE WITH THE MUTUAL CONSENT AND SHE KEEPS HIS MALE CHILD WITH HER NOW SHE WOULD KEEP HER NAME AFTER THE NAME OF HER WHETER IT IS POSSIBLE IF YES UNDER WHICH ACT AND WHAT IS PROCESS
WHAT SHOULD TAKE CARE AT THE TIME OF MUTUAL CONSENT OF THE DIVORCE AT THE SIDE OF LADY
REGARDS

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Devajyoti Barman (Expert) 16 July 2010
The minimum time taken for mutual divorce is 6 months from the date of filing.
There is no specific Act to deal with the name or surname of the child. The mother can rename the child or change the surname of the child after the divorce if only the father does not object. If he objects then she can npt unilaterally do so.

Chanchal Nag Chowdhury (Expert) 17 July 2010
Act will depend on the religion of the parties. There is no bar to the user of the mother's maiden name.

Uma parameswaran (Expert) 17 July 2010
If father is not claiming any right over the child then the mother can do as per her wish.Otherwise fathers consent is necessary.

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