Surname of children
Ajay
(Querist) 17 May 2012
This query is : Resolved
The details in the matter are:
A)My Name is Ajay Shukla.On some dispute my wife has moved out of my home in Mar2010 and she is staying with my inlaws.
B)She got my daughter admitted in a school with a name which doesnt have my SURNAME and have "Priyadarshini" in it."Priyadarshini" is neither any part of name of myself or my wifes'.
The birth Certificate submitted by my wife at the time of admission of my daughter,shows my name as 'AJAY SHUKLA' and wifes' name as 'SHRADDHA'and no where "Priyadarshini" is mentioned.
C)Also my wife and inlaws have given a written instruction to school not to allow me (Father) to meet my daughter in school and accordingly school is not allowing me to contact my daughter in school in order to know the progress of my daughter. Incidentally i have stopped visiting my inlaws home, where my wife is staying, due to increased misbehaviour with me during last few visits there and now i want to visit my daughter and meet her at school only.
I have following querry:
1) Can any other SURNAME as above be used in a childs' name
2)What should i do to get name corrected
3)What should be the line of action for meeting my daughter in school as at (C)above
I need guidance, please help, I am traumatised.
Regards
Ajay Shukla
9456526123
Nadeem Qureshi
(Expert) 17 May 2012
Dear Ajay
1. in the Name of your daugther there is no surname, in future if she add any surname she can be published in news papers with affidavit.
2. your query is not clear,
3. You can file a petition before the court and get an order in your favour to meet your daugther.
feel free to call
Deepak Nair
(Expert) 17 May 2012
1. There is no compulsion in law to use the surname.
2. You should issue a notice to the school authority regarding the incorrectness in the name of your child and shall ask the school to take necessary steps for rectification.
3. You have the right to meet your child in school as you are the biological father of the child. You can approach the police or the court to get access to your child.
ajay sethi
(Expert) 17 May 2012
you should move court as your wife has instructed school not to permit you to meet your daughter . contact lawyer .
court will grant you visitation rights
as far as name in school records is concerned send letter to school enlcosing birth certificate which mentions names of parents . request them to correct records . . if school dosent take action issue legal notice to school
Shonee Kapoor
(Expert) 18 May 2012
Her name as of now doesnot has any surname, Priyadarshini can be a middle name kind of thing.
She is free to choose her surname in future.
What do you want?
If you want the custody of the child file for it.
However, do so only if are sure that you can take care of the child better than your wife.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ajay
(Querist) 19 May 2012
Thanks Mr. Shonee Kapoor for your response.
1)How it can be said that "Priyadrshini" is a middle name?
2)Can a parent(my wife in my case) use any surname or middlename, as per his/her whims without consent of the other(me).
3)How can I stop my wife using "Priyadrshini" as any part of name of my daughter?
V R SHROFF
(Expert) 19 May 2012
Though adult person can choose any name, and does not need permission of father or mother for that purpose.
As far as minor is concerned, father is a guardian for all such matter.
Ajay
(Querist) 20 May 2012
Thanks Shroff ji,
But what are my options in the given circumstances??Please guide..
Sudhir Kumar, Advocate
(Expert) 17 May 2012
