about legal names

Querist : Anonymous (Querist) 06 January 2011 This query is : Resolved
hi. i am a hindu woman but i have not changed my surname after marriage. i am constantly troubled by people when i apply for insurance who insist that they cannot give my name and say relationship as "wife" if me and my husband's surnames do not match. is this true? do surnames HAVE to match if i have to write relation as wife on any bank / insurance document? Would love a clarification on this so that I would know what to do.

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A V Vishal (Expert) 06 January 2011
In my knowledge there is no law in India which mandates that the surname has to be changed upon marriage, surname in case of a married woman is changed for convienence as the woman moves from her maternal home to matrimonial home. The banks/insurance cos cannot insist upon change according to their whims and fancies.

Dineshwar Singh Kaushik (Expert) 06 January 2011
No the insurance companies can't insist any one to change surnames according to their whims & fancies moreover irda has not regulated any such criteria.

Querist : Anonymous (Querist) 06 January 2011
the usual consensus reached is that i shd attach a marriage certificate copy. i dont mind doing that, but if this is an unnecessary step (girls with same surname dont have to give their marriage certs), do i need to?

Kirti Kar Tripathi (Expert) 06 January 2011
I agree with Experts.There is no legal requirement to change surname of a lady after marriage. No one can insist you to change your surname nor you are required to do so. It is absolutely your wish and right after marriage whether you change your surname or not

Arun Kumar Bhagat (Expert) 06 January 2011
You go on using your surname given by your parents. No body can compel you to change it.

Arvind Singh Chauhan (Expert) 06 January 2011
I do agree.

Gulshan Tanwar (Expert) 06 January 2011
If the company insists again then just get help from IRDA to resolve the matter at the earliest and also to seek compensation for the injustice and mental torture carved upon you.

SC had given ruling that a married woman can keep whatever surname she wants- either her paternal surname or her in-laws surname.

Ajay Bansal (Expert) 07 January 2011
I agree with A V Vishal.A populer writ, filed by Mrs. Alka Malik-a C.J.M. in Haryana,had been dimissed by Punjab and Haryana High Court, Chandigarh. I n said CWP the jude Alka prayed to High Court for changing her sur-name from Yadav to Malik as she became Alka Malik from Alka Yadav after her marrige.However The High Court tuned dowen her prayer.

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