Dear Law Experts:
I am separated single mother of a child of 4 yrs age, and was married for seven years with a Sikh individual. Married in Amravati; first in South Indian (Kerala) tradition and then in Punjabi ritual at Gurudwara.
Marriage gave us a son, now 4 year old. In my culture (from Kerala) the children take their maternal name; however, post delivery the father filled out and registered the birth certificate with the name of his choice without my consent or knowledge.
We have been separated for 3 years now and the case is still pending before the court. I have hence given my last name to my son in his school records. I haven’t yet made any changes in the Birth Certificate because I am yet attain the divorce.
Post separation I have been bearing all the expenses as a single parent for my Son’s education and daily needs along with entire household expenses as well as a huge EMI of a housing loan, with no financial support or contribution from the father in any way.
The father is least interested in contributing financially towards the needs of his growing son. Although the court has ruled that he pay the maintenance for his son and take up the responsibility as a father, he has not contributed in any way ever. He was given his first child access this month after clearing his dues. But he has refused to bear the school expenses and has not yet started paying monthly maintenance on a regular basis.
I had to explain the entire situation to the school authorities and had to plead the school authorities to grant admission to my son for his better future assuring them that there will be no concern or issue raised by the father as he was least interested in anything to do with his son. Upon this assurance the school admitted my son in their institution. The father has neither visited the school for any event nor had he shown any inclination to do so. He has not even taken any interest in my son’s progress at school nor has he attended any parent-teacher meeting.
Suddenly last week he visited the school and started to ask for my son’s records and started taking objection on the last name that was registered in the maternal name as per the south Indian custom. I was called to the school to discuss the matter with the authorities who pointed out that such an incident was questionable. This kind of reckless and un-thoughtful action has put my son’s education and a bright future in jeopardy as the school reserves the right to not allow my son to continue next year, as the school does not want to be held responsible or be highlighted publicly due to such incident.
As the decree of divorce is still pending with the court and the father completely ignorant and casual about the future of my child, with no contribution at all, I fear for the safety and security of my child as well. That individual could simply walk into any establishment and declare himself the father and could simply pick up my son and walk away too. The father is only concerned so far about his family ‘last name’ to be given to the son as a sign of true Sikh and show off but for whom he is least bothered otherwise.
My Son is a happy child and a very bright kid, above average than the kids of his age. I, as a single working mother of this lovely child want the best for him in every possible way. I seek legal advice so that my son could continue using the maternal name and continue his education and lead a life that he is Now used to; without his father around to take care of him.
Thank you for your time and attention.
Regards,
KVE
