rajugabrielrodricks 17 January 2015
Jayashree Hariharan (Advocate) 17 January 2015
Your presence is not required, since name change can be due to any reason, and I suppose your wife will not tell the real reason, since, as you said, no divorce.
rajugabrielrodricks 17 January 2015
Madam is there any way I can Stop This from happening?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 January 2015
As per birth certificate of your baby will be continued..
If any changes required, parents petition with affidavit is a must.
Suneet Gupta (www.vashiadvocates.com) 18 January 2015
The surname of the child is usually as per the father's surname. However, this is not compulsory. if your daughter's surname was not mentioned in the Birth Certificate, then your wife can try to change her surname, without telling you. This can be done at the time of her admission to school by giving er mother's surname on the form (as getting it done legally will be difficult for her).
Your options include - Filing an application for restitution of conjugal rights to force your wife to come home, or you can file for divorce and custody of your child.
rajugabrielrodricks 18 January 2015
Fist of Thank You all for answering. In my daughter's Birth Certificate and Municpality Birth registration Certificate my Surname is mentioned. Also in my daughter's Passport My surname is mentioned.
Suneet Gupta (www.vashiadvocates.com) 18 January 2015
If your surname is added to your daughter's name in her birth certificate then it will be difficult for your wife to change it unilaterally without your consent. The consent of both parents is required for change of the child's name and unless she manages to bypass your consent through unscrupulous means, she cannot change your daughter's surname.
However, you should still think of filing a suit for restitution of conjugal rights and custody rights for your daughter.
rajugabrielrodricks 18 January 2015
Thank You Suneet Gupta Sir for ur kind advise
stanley (Freedom) 23 January 2015
@ Author . Legally your childs name cannot be changed as she is a minor and the consent of both parents is required for change of name till she is a minor. once the child turns into a Major she can herself change her name .
@ Jayshree i am suprised at your reply stating that a name can be changed for any reason of a Minor with the consent of one parent only . With all due respect i do not know which law school has taught you this ?
Can you post some judgements for change in minors name which took place with the consent of a single parent to establish your claim :-)
Suneet Gupta (www.vashiadvocates.com) 23 January 2015
I agree with Stanley and the opinion of Ms Jayashree is totally incorrect, and her statement 'Your presence is not required, since name change can be due to any reason' is preposterous.
The only time a minor's name can be changed by one parent is when custody of the minor is legally with one parent, e.g. in cases of divorcees (only after court order and permission), and in cases of death of one parent.