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BRajesh (MRKT)     22 August 2012

Change of surname of child after divorce

Hi,

If mother would like to change the surname of the child after divorce from father surname to mother surname, can she do that?

what is the legal process to do the same.

 

pls advise if any.

 



Learning

 13 Replies

Tajobsindia (Senior Partner )     22 August 2012

1. Yes she can do that provided she is not barred by any Court Order.
2. The process is to file Notification under Indian Gazette by filling up annexed Form and keeping one too many spare gazette Copies in hand till child attains majority age for change of surname as and when required in various Public Documents.


Attached File : 545515764 forms for change of name of minors.pdf downloaded: 1738 times

stanley (Freedom)     12 April 2013

@ Tajobs 

1.  Prior to any Divorce Decree being awarded by the court can a minors surname be changed without the consent of the father .And as of date custody has not yet been awarded .

2. Please Note after marriage mother changed her surname to husband surname . Now while a DV case is on and No divorce petition even being filed  can a mother change her surname which she had been using prior to her Marriage .

Isnt it a act of cruelty for point no 2 . as wife is potraying a image to society that she is Divorced :( by using her old surname prior to which she had being using before marriage .

Tajobsindia (Senior Partner )     12 April 2013

For your 1 - If she changes minor’s name it is not a valid change as Paper advertisement is not valid change of surname of Minor and without consent of natural father r/w decree thereto Gazette Notification cannot happen. Gazette Notification is valid change of Name for all future purposes.

For your 2 - It is not cruelty as no Law postulate wife to change her name after marriage to husband’s surname so if she reverses back in reference to context to her maiden name there is no cruelty.

Society damn cares now-a-days to such surname changes and it is figment of imagination of husband as if he owns wife as her exclusive property till her death and unnecessary casting on her character which is what it is made out to be if smartly rebuted by her side's advocate.

sheetal (nil)     13 February 2014

Plz advice how to add my (mother) surname to my 7 year old child as he never used his father surname so far, he was nine months old when his father filed for divorce, we are seperated since 4 years,  in school also we are not adding any surname so far, but now i want that he should add surname and i wish its mine(mother) he use surname, child father is not in touch with us,

plz advice right way to add my surname to my child.....what is the procedure

sheetal ,delhi, india

Have a Heart Foundation (Sales & Mktng)     16 February 2014

has the father on going visitation / access orders?

are you going for name change to alienate the child from father??

Changing name / sir name of the child is likely to have identity crises & psychological consequences on the child.

sheetal (nil)     17 February 2014

yes father has took visitation rights,

at the time of divorce, at the court orders,he given us small flat in the joint name of me and my son,

i am scared if child uses his surname, may be father can claim for property he has given me in the coming years.


Father has took visitation rights,in the middle of divorce proceedings he got married but i didnt know about this fact and have not disclosed this thing at court... now he has one year baby girl from second marraige.

plz help, advice!

Have a Heart Foundation (Sales & Mktng)     17 February 2014

@sheetal

His visitation rights must have been in divorce petition which  is disposed without deciding further access rights..?

Relax, he must have been a bad husband but that does not make him a bad father...  father cannot claim property from son..  and how would change in sir name refrain him ? he has given flat as part of settlement... the flat is in your and child's joint names... so he cant claim.

the father has already given a flat... let the father-child relationship develop independently without any interference... you too can move on in life without creating hurdles for them..

hope you dont have any hidden agenda...

1 Like

sheetal (nil)     18 February 2014

thanks for so-touched and motivating reply...

actually, he is now married and happy in his life, very rare he calls up to the son , say once in two month

my son knows that he is married and having a other child, but he is mature enough to understand and never told his father that he knows this fact.
 now, from last two months my ex- husband wants us to apply for passport as my son has no ID document,so he justifies this thing by telling that my son will have some true ID, birth certificate of my son is having some other name , which we changed later

in school also i am not using any surname for my son, what to do , which surname to use, as i dont think that my ex- husband will take this father-son relationship much further.

just one last thing my son using his father surname will not let my ex-husband claim any thing in the name of my son.....regards,

Bhavini Joshi   19 October 2015

Hello Sir / Madam,

I have filed petition under Hindu act , and it is still under process, Mutual consent is to be filed by Dec 2015 , below mentioned are my few questions :

1. Can i changed my name to Maiden name without any decree certificate ? if yes then how ?

2. How can i change my sons surname to my name ?

3. Opposite party is not providing me ration card for deletion of my name, how can i get the name cut and tranfer ?

 

Thanks in Advance ..

 

Have a Great Day

 

KANAGANTI RAJASHEKAR (advocate)     02 October 2017

Could You please provide me some relevant citation regarding change of childrens Surname to my mail kanagantishekar@gmail.com.

Thanks,

Advance.

KANAGANTI RAJASHEKAR (advocate)     02 October 2017

Same doubt from me also, if you have any relevant citation please send to my whatsapp number 9014731310.

 

Advance

thanks  

Devi   04 October 2017

Hi...

I am a 40 yr old..seperated...single parent, Mother living alone wid my 14 yr daughter..all dis while my child ws having my husbands surname..since i hv lived wid him for just 10 months n hav had a terrible experience and a sad past...i dont knw wher he is n if hes stil alive or dead..n dont intend to knw either...i now though late want to change my kids surname...n keep my surname..which is my dads name..plz suggest as she is in 9th now..n she got a CBSE reg form frm school..n i dont want her to carry a persons name who hs never been wid us...plz help me as to hw i can get out of his name...

Thank u...

Devi   04 October 2017

Hi...

I am a 40 yr old..seperated...single parent, Mother living alone wid my 14 yr daughter..all dis while my child ws having my husbands surname..since i hv lived wid him for just 10 months n hav had a terrible experience and a sad past...i dont knw wher he is n if hes stil alive or dead..n dont intend to knw either...i now though late want to change my kids surname...n keep my surname..which is my dads name..plz suggest as she is in 9th now..n she got a CBSE reg form frm school..n i dont want her to carry a persons name who hs never been wid us...plz help me as to hw i can get out of his name...

Thank u...


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