Can my mother cancel the change in surname which is changed after marriage?
surya
(Querist) 23 January 2014
This query is : Resolved
sir,
my father has changed my mother`s surname without her interest by pressurising her.but now she realised and dont want to loose the surname of her father`s as it is affecting and loosing her personal reputation she had by birth .what procedure should we follow.still she has 10th class certificate ,Gas card ,Ration card with her father`s surname itself.
she is retired as a govt teacher and my father has changed the surname in "service register" itself.we want back her father`s surname into the "service register".
please give the procedure.
Isaac Gabriel
(Expert) 23 January 2014
Issue gazette notification and enclose it with the documents.For amending the Pension Pay order,send the requisition to the Accountant General through the Department with the notification.
surya
(Querist) 23 January 2014
sir,
does it effect her running pension drawing rights? enclose gazette notification with what documents? we want only surname change and not name change.can we cancel the surname changed which will give exactly what we want??
Devajyoti Barman
(Expert) 23 January 2014
No, it would not affect her right to draw pension which has nothing to do with surname but with status of widow.
Rajendra K Goyal
(Expert) 23 January 2014
Gazette notification, sworn affidavit with insertion in two news papers is the procedure to change name.
Sudhir Kumar, Advocate
(Expert) 23 January 2014
Your description clear of the facts.
How husband of a Govt employee can change her surname without her application?
How she is losing reputation by acquiring husbands surname while she lived (not left him) with him till age of retirement?
when her official surname was changed why she had ration card/ gas connection etc on old surname?
when her other address proofs had a surname other than official how she could have a bank account to draw pension?
Sudhir Kumar, Advocate
(Expert) 23 January 2014
anyway
A female Govt employee can change her surname without any affidavit and gazetted notification or press-release due to :-
(i) Marriage (including re-marriage)
(ii) Divorce
(iii) Getting widow.
She has exercised her right after marriage. She can resume her original surname on happening of (ii) or (iii) above.
Otherwise normal procedure of change of name has to be followed :-
(i) affidavit
(ii) press notification in local dailies
(iii) gazette notification.
surya
(Querist) 23 January 2014
sudhir kumar sir,
ours is a male dominated society.through coersion and everyday turf anything is possible for a husband.nuisance knows no legality.with my mother signed on papers long ago her surname is changed only to satisfy superiority complex.
can we now "cancel that name change order" by applying for it as not willing??
people are saying the procedure of name change.but i want "cancellation of surname changed" and keep the original(father`s surname) as it was.
surya
(Querist) 23 January 2014
why should a lady loose her original identity only because of marriage.to carry Father`s surname is the right of every one.why cant a a lady exercise this right being in a married stage?? why ony 3 options for a lady : 1) married 2) divorce and 3) widow... why not 4th MARRIED DAUGHTER???
V R SHROFF
(Expert) 23 January 2014
Issue gazette notification + EXECUTE affidavit,
T. Kalaiselvan, Advocate
(Expert) 23 January 2014
In your case you have stated that your father coerced her to change the surname and she was helpless hence she agreed to change, thus, there is no compulsion by law that she has to change her surname after her marriage, she can very well retain her previous surname itself even after her marriage if she wanted to, no restrictions on it. But as said that in the male dominated society, the women are helpless than to adjust with the need of the circumstance. There are lot of popular women who never changed their surnames even after their marriages, it is their right to retain their original name.
surya
(Querist) 24 January 2014
sir kalaiselvan,
u understood my problem.we want to resume my mom`s aboriginal surname.not name change as everyone speaking about.i want the step by step clear procedure.please help.
Sudhir Kumar, Advocate
(Expert) 24 January 2014
Fully agreeing with Mr Kaialselvan I further add
you said
"why should a lady loose her original identity only because of marriage.to carry Father`s surname is the right of every one.why cant a a lady exercise this right being in a married stage?? why ony 3 options for a lady : 1) married 2) divorce and 3) widow... why not 4th MARRIED DAUGHTER??? :"
THIS FORUM CANNOT REPLY WHY?
THIS FORM CAN JUST REPLY WHAT?
You have been told what is the provision.
You want to know why is the provision.
You are saying your mother just signed the papers.
No she not only signed the pares but submitted in her department.
anyway
A female Govt employee can change her surname (ON HER OWN GOVT AS EMPLOYER DOES NOT COMPEL HER) without any affidavit and gazetted notification or press-release due to :-
(i) Marriage (including re-marriage)
(ii) Divorce
(iii) Getting widow.
Sudhir Kumar, Advocate
(Expert) 24 January 2014
YOU ARE YET TO CLARIFY VITAL FACTS:-
How she is losing reputation by acquiring husbands surname while she lived (not left him) with him till age of retirement?
when her official surname was changed why she had ration card/ gas connection etc on old surname?
when her other address proofs had a surname other than official how she could have a bank account to draw pension?
Sudhir Kumar, Advocate
(Expert) 24 January 2014
If she is keen to regain original surname then normal procedure of change of name has to be followed :-
(i) affidavit
(ii) press notification in local dailies
(iii) gazette notification.
Dr J C Vashista
(Expert) 27 January 2014
Very well explained by experts, I agree and appreciate, now act accordingly and close this thread please.
