Using both the maiden and married surname in india - seeking
Querist :
Anonymous
(Querist) 18 August 2021
This query is : Resolved
The Name in the documents, like PAN and Aadhar of my spouse since, existing as - ''Sunita Dey'' and ''Sunita Guha'' respectively, I furnished the same alongwith the "Marriage Registration Certificate" with a view for opening Post office Savings Bank A/C. "Sunita Guha (Dey)" has been mentioned as the second A/C holder in the A/C opening form, while accompanying with my name ( Koushik Guha) being the First A/C holder. Although, the said opening form duly filled-in enclosing all the documents needed for but, it was returned back by the postal authority only on the Ground that, - the "Surname" ( i.e. Dey & Guha) in the submitted ID and Address proof are "Mismatching". As far as my knowledge is concerned, Indian, Hindu woman is at liberty to retain her Maiden Surname / use her Married or both the Surnames and she cannot be forced to change surname .
In this regard, your benign self is cordially requested to refer authentic and documentary evidence acceptable in the eye of Rule in Law, in support of using both surnames ( maiden & Married) on production of Marriage Registration Certificate and for this act of kindness I shall remain ever grateful to you.
K Rajasekharan
(Expert) 19 August 2021
The officials of the post office are not asking or forcing you to change the surname of your spouse. They are denying your spouse an account.
They cannot accept different documents having different names of an individual for opening an account.
All the documents relating to a person’s identity should bear the same name for acceptance in any office.
In India anyone can use any name for himself. Any parent can name his child with any name. No law restricts it. But somebody brings different documents having different names no departments will accept it.
If your spouse wants an account in the post office, she has to produce all documents bearing the same name. Officials identify a person based on their identification documents. All such documents should bear the same name substantially.
P. Venu
(Expert) 19 August 2021
Yes, the names in the documents ought to have been matching. It was unnecessary that you produced Aadhar as well the Marriage Certificate; the former alone would have been sufficient for the purpose of opening the account.
kavksatyanarayana
(Expert) 19 August 2021
I agree with the advice of the above learned experts.
Dr J C Vashista
(Expert) 20 August 2021
Is there any problem to be considered by legal experts ?
