Problem
Sucheta Nayak
(Querist) 11 March 2014
This query is : Resolved
Best Wishes to Respected Lawyers - Sir & Madam.
Myself Sucheta Nayak aged 28 yrs got divorced on 13.01.2014 is staying with my parents and is mother of one son aged 3 yrs. 4 months.
My problem is mentioned below:-
My name is to be changed From SUCHETA G NAIK To SUCHETA J NAYAK &
My Son’s name is to be changed From GAURAV G NAIK To ADITYA S NAYAK.
But I was being told that the child name cannot be changed in BIRTH CERTIFICATE and now I have to change it as mentioned above.
Pls. guide and help me so that the same can be done as I have to take admission of him in school where birth certificate will be asked and which I will not be able to submit due to the NAME problem.
Pls. reply how to change both of our names legally so that we will not face any problem while taking admission in school as well as in future also.
NEED EXPERT ADVICE AND SOLUTION TO THE PROBLEM.
Awaiting reply.
Thanks & Regards,
SUCHETA.
ajay sethi
(Expert) 11 March 2014
you cannot change your son name without his father consent .
as far as your name is concerned based on divorce decree you can after publication in official gazette and local newspapers change your name
Sudhir Kumar, Advocate
(Expert) 11 March 2014
despite divorce your ex-husband remains father of child and his bond is not broken by divorce. This is the situation for entire life.
His surname cannot be changed.
Sucheta Nayak
(Querist) 11 March 2014
Dear Sir,
When he running away from his responsibility why should consent to be taken.& he is not at all concerned with me as well as my son. Secondly in petition also it is mentioned & also filed in front of honorable judge that in future also he will not interfere in my & my son’s life and then decree of divorce is being passed.
Now just guide me by stating the procedure as how to change the details as I came to know that in birth certificate it can’t be changed but we can apply via Affidavit in Gazette office so that while taking admission in school my name will be the middle name after my sons name as I have taken entire responsibility of my son and whole sole responsible person.
I want to bring up my son with my name that’s it sir.
ajay sethi
(Expert) 11 March 2014
he is biological father of child . he has never given his consent for change in son surname . better obtain his written consent .
R.K Nanda
(Expert) 11 March 2014
agree with experts.
Sucheta Nayak
(Querist) 11 March 2014
Dear R. K. Nanda Sir,
I know that the details in Birth Certificate will never change but I think you didn’t understand my query.
While taking admission in school I will submit Birth Certificate along with the certificate which will be issued by Gazette office so that child will carry my name along with his name in school. Based on the certificate of Gazette office admission will be taken in school and he will be recognized by my name.
Now hope everything is clear. Pls. tell procedure now.
Rajendra K Goyal
(Expert) 11 March 2014
The name of son can not be changed without the consent of his father. This is legal provision.
Devajyoti Barman
(Expert) 11 March 2014
you are wasting time here repeating the same query.
I repeat the same reply, you can not change his name without consent of his biological father.
