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Subhomoy Das (Retail Manager)     06 August 2013

Identity

I HAVE POSTED A PROBLEM FEW DAYS BACK.  WIFE STAYING AT HER PARENTS HOUSE WITH HER 5 YRS OLD SON. HUSBAND STAYS ALONE SEPARATELY.  WIFE RECENTLY GOT SELECTED IN ORISSA CIVIL SERVICE EXAM ( OAS ) CONDUCTED BY OPSC. NO CASE HAVE BEEN FILED YET BY HISBAND OR WIFE IN COURT /P.S.  HOWEVER IN OCS EXAM WIFE MENTIONED HER FATHER SURNAME AND NOT HER HUSBAND SURNAME.

Q1. CAN A MARRIED LADY USE HER FATHER SURNAME AFTER MARRIAGE WITHOUT DIVORCING HER HUSBAND.

Q2. DOES THIS SITUATION CAN LEAD TO GIVE 2 DIFFERENT IDENTITY OF A SAME PERSON. DOES THIS ACT BY WIFE IS ILLEGAL ?  KINDLY NOTE THE WIFE HAVE HER NAME ENROLLED IN THE VOTER LIST AT HER PARENTS HOUSE CONSTITUENCY WITH HER PARENTS SURNAME. SIMULTANEOUSLY  SHE ALSO HAVE ENROLLED HER NAME IN THE VOTER LIST AT HER HUSBAND HOUSE CONSTITUENCY USING HER HUSBAND SURNAME. DOES THIS ACT IS LEGAL ? IT GIVES 2 DIFFERENT IDENTITY OF A SAME PERSON. POSSIBLITY MAY ARISE THAT THE WIFE MAY TRY TO GET 2 DIFFERENT PASSPORT WITH ONE HER PARENTS SURNAME AND THE OTHER HUSBAND SURNAME. KINDLY NOTE SHE IS NOW A PUBLIC SERVANT AS AN OFFICER IN ADMINISTRATION.

Q3. IN FUTURE IF THE WIFE DIED BEFORE HER RETIREMENT OR BECOME PHYSICALLY HANDICAPPED THEN CAN HER SON CLAIM ANY COMPENSATION OR JOB . THE SON IS USING HIS FATHER SURNAME. WILL IT NOT BE A HERCULEAN TASK FOR THE SON TO PROOVE THAT THE LADY  WITH HER FATHER SURNAME & HER PARENTS SURNAME ARE SAME PERSON AND IS HIS MOTHER. 

Q4. IS IT NOT ILLEGAL FOR A MARRIED WOMAN TO USE HER PARENTS SURNAME AFTER HER MARRIAGE AS  THE MARRIAGE IS SOLEMINISED AS PER HINDU RITUALS, CEREMONY AND HINDU MARRIAGE ACT.  

Q5. CAN A MARRIED WOMAN WHO IS USING HER PARENTS SURNAME AFTER MARRIAGE IS ELIGIBLE TO CLAIM MAINTENANCE FROM HER HUSBAND IF SHE IS NOT WORKING.

 

KINDLY ADVICE.



Learning

 1 Replies

Tajobsindia (Senior Partner )     07 August 2013

 

 

Originally posted by : Subhomoy Das

 


Q1. CAN A MARRIED LADY USE HER FATHER SURNAME AFTER MARRIAGE WITHOUT DIVORCING HER HUSBAND.
A1 - Yes she can.

Q2. DOES THIS SITUATION CAN LEAD TO GIVE 2 DIFFERENT IDENTITY OF A SAME PERSON. DOES THIS ACT BY WIFE IS ILLEGAL ?  KINDLY NOTE THE WIFE HAVE HER NAME ENROLLED IN THE VOTER LIST AT HER PARENTS HOUSE CONSTITUENCY WITH HER PARENTS SURNAME. SIMULTANEOUSLY  SHE ALSO HAVE ENROLLED HER NAME IN THE VOTER LIST AT HER HUSBAND HOUSE CONSTITUENCY USING HER HUSBAND SURNAME. DOES THIS ACT IS LEGAL ? IT GIVES 2 DIFFERENT IDENTITY OF A SAME PERSON. POSSIBLITY MAY ARISE THAT THE WIFE MAY TRY TO GET 2 DIFFERENT PASSPORT WITH ONE HER PARENTS SURNAME AND THE OTHER HUSBAND SURNAME. KINDLY NOTE SHE IS NOW A PUBLIC SERVANT AS AN OFFICER IN ADMINISTRATION.
A2
- As per Election Commission a voter can have only one EPIC card and not two. Yes it is very much possible she may get two passports. She is liable not only for Penal action but fine to the tune of 30 K if proper complaint is filed.

Q3. IN FUTURE IF THE WIFE DIED BEFORE HER RETIREMENT OR BECOME PHYSICALLY HANDICAPPED THEN CAN HER SON CLAIM ANY COMPENSATION OR JOB . THE SON IS USING HIS FATHER SURNAME. WILL IT NOT BE A HERCULEAN TASK FOR THE SON TO PROOVE THAT THE LADY  WITH HER FATHER SURNAME & HER PARENTS SURNAME ARE SAME PERSON AND IS HIS MOTHER. 
A3 -
You asked this que. 13 years early ![Read yourself Rule 9 (7)] Be it so, as per the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990; In deserving cases, a member of the family of the Government servant who dies while in service. may be appointed to any Group C or Group D posts only by the appointing authority of that Deceased Government servant provided he/she possesses requisite qualification prescribed for the post in the relevant recruitment rules or instructions of the Government without following the procedure prescribed for recruitment to the post either by statutory rules or otherwise irrespective of the fact that recruitment is made by notification of vacancies to the Employment Exchange or through recruitment examination under relevant recruitment rules. Son has to prove his leniage though.

Q4. IS IT NOT ILLEGAL FOR A MARRIED WOMAN TO USE HER PARENTS SURNAME AFTER HER MARRIAGE AS THE MARRIAGE IS SOLEMINISED AS PER HINDU RITUALS, CEREMONY AND HINDU MARRIAGE ACT.  
A4 -
No.

Q5. CAN A MARRIED WOMAN WHO IS USING HER PARENTS SURNAME AFTER MARRIAGE IS ELIGIBLE TO CLAIM MAINTENANCE FROM HER HUSBAND IF SHE IS NOT WORKING.
A5 -
Yes but whether she gets it or not is next question!.
 
Note - Next time write using small caps sentences and not upper caps in public forums unless you are angry at us!.

 


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