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Need Help... (MIS-Executive)     09 December 2013

It can be possible... after dv

My wife never use her matrimonial name after marriage. She is using her parential name. We are done maharatrian marriage. She left my rented house in March 2013, We got marriage in 2007/2008. After sepration she joined new job in jun 2013 and that time she used Matrimonial name in this organisation. But her bank account her PAn card all in her Parential name. Even she never use all mangalsutra, Sindoor. She is staying like she is bachler. After sepration she living with her parent. I have 1 son 3years old. She had addmission in local school. with my name he is in jr kg. Now She again she is using her parential name and also i heard she is going to my son name also with her name and her paretial name. it can be possible. or may be after divorce and maintainance case. She can do that.?

Plsss Help ..... Guide and suggest... What can i do.



Learning

 11 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 December 2013

she is your wedded wife & she has all right to use the names for her and for the child even after divorce too

Need Help... (MIS-Executive)     09 December 2013

Before Jun 2013 she never use my name and last 2 month she was not using. And she is going to give her name to My son. She is going to change his name after divorce.

and After that also i have to pay maintainance . It can be possible she can change my son name. which is right now his name with my name. After dv she can give her name to him.

Need Help... (MIS-Executive)     09 December 2013

before Jun 2013 she never use my name and last 2 month she was not using. And she is going to give her name to My son. She is going to change his name after divorce.

and After that also i have to pay maintainance . It can be possible she can change my son name. which is right now his name with my name. After dv she can give her name to him.

Shekhar (Proprietor)     10 December 2013

Such women can do all things except leading a peaceful marital life.

Need Help... (MIS-Executive)     11 December 2013

After Divorce ... My Wife and Amy Son not using my name then why i have to pay them maintainance.

Reformist !!! (Other)     12 December 2013

I agree with shekhar. These unscruplous ladies are not sure abt their life, so they want to destroy every1

Adv. Chandrasekhar (Advocate)     12 December 2013

A divorced wife is entitled to maintenance(subject to revocation by the competent court on account of her joining a job) as long as she keeps her chastity and does not remarry.  The child is entitled to maintenance till he attains majority.

Suneet Gupta (www.vashiadvocates.com)     18 December 2013

Your query has multiple issues:

  1. It is not necessary for your wife to use your name after marriage - this is a convention and not a legal necessity.
  2. If your wife is using your name after marriage, she can continue using it or revel to her paternal name. This is her wish and the maintenance is not stopped if she reverts to her paternal name.
  3. The maintenance to divorced wife is stopped in three cases - a) if she remarries, b) if she becomes self-supporting, e.g. if she has a job, or c) if you can prove that she is living in sin with another person (e.g. as a paramour, etc.)
  4. Your wife cannot change the name of your son, if you object. Your son will continue to use the name at birth and at the time of admission to school.
  5. Her attempt to change your son's name can be challenged in court and the court will normally prevent the same.
  6. The wife has natural custody of the son till 7 years, after which you can re-apply for custody. Therefore, change in his name by your wife is against the law.
  7. Your son will be entitled to maintenance irrespective of whether your wife is earning or not, and irrespective of whether his name is changed or not.
  8. The quantum of maintenance to your son will be dependent on your and your wife's income and will be proportionately shared by both of you.

Need Help... (MIS-Executive)     19 December 2013

Thank you very much

stanley (Freedom)     19 December 2013

A working educated wife able to sustain herself is not entitled to maintenance. As for the child maintenance is co-extensive .

1. In Maharastra a wife can use her parental name .

 

2. As for the child's name in your divorce case you can state that the child's name should not be changed without your consent till he is 18 yrs of age , after this it would be upto  the child to change his  name as he has become a major .

 

3.  In case you want visitation of your child you can seek the same through Gaurdians and wards act .

Need Help... (MIS-Executive)     19 December 2013

Thanks Alot....!!


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