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Sunetra (Manager)     10 December 2014

Name change after marriage

Hi,

My maiden name is Priyanka Roy. My marriage registrar made me sign my name as Priyanka Sen (Roy) on the marriage certificate, including the pictures affixed on the certificate [Sen being my husband's surname].My marriage was registered under the Hindu marriage Act.

Do I now need to change my surname to "Sen" in all legal documents such as passport, PAN card, Voter's card, Bank documents etc? Also, please guide me on how I should use my name in new documents such as a new bank account form or a fresh mediclaim application for the coming year.

I would ideally like to retain my maiden name and use the same in all future documents. Additionally I do not want to change my surname in any of the above existing documents. Please let me know if providing a copy of my marriage certificate will suffice for all official/legal purposes to support the continued usage of my maiden (sur)name?

Many thanks in advance,

 

Regards,

 

Priyanka



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     14 December 2014

Ms. Roy, I think you will be happy if you are addressed by your maiden name itself, well, it is your right to retain your maiden name even after your marriage.  There is no law compelling you to change your name after marriage.  n fact if you change your name after your marriage, you are actually to follow the legal procedures for change of name to be complied as per law in vogue.  Therefore it is always legal to retain your maiden name even after your marriage and you do not have to change your name in any your personal documents including your educational certificates or in the public documents like ration card, aadhar card or EPIC etc. If the name in the marriage certificate appears differently than your maiden name and you confirm it, then you may make an affidavit stating that both the names are one and the same and get it notarised, attach it with the marriage certificate to avoid unforeseen problems that may arise in the future due to this.

Samir N (General Queries) (Business)     14 December 2014

To add to the good advice of Adv. Kalaiselvan, retaining your maiden name after your marriage has an added advantage: In the event of your divorce (sorry to utter this word when your question is not at all referencing this possibility), you cannot be forced by your husband to change your name back to your maiden name, because you were never using his surname! That saves a lot of headaches for wives after a divorce.  The Supreme Court in a slip opinion has ruled that a husband can force the wife to change her name if there is a possibility of abuse of the name. This potential for abuse is easy to prove. 


I am not advocating that wives should retain their maiden name. In fact, the contrary is what I would suggest because having a common surname goes a long way in establishing a matrimonial bond. Perhaps I am not progressive in my matrimonial analysis, but if my future wife (not a possibility, I am divorced and blissfully single) resisted changing her surname, that would really upset me. Thats just my two cents...

Samir N (General Queries) (Business)     14 December 2014

Clarification: When I said that "The Supreme Court in a slip opinion has ruled that a husband can force the wife to change her name if there is a possibility of abuse of the name. This potential for abuse is easy to prove." I meant after divorce, the husband can file an application to permanently restrain the wife from using his surname. 


(Guest)

First change, then if it wont work, do circus to unchange [unchange where and all?  That one big headache, marks card, passport, bank, etc etc, one big headache it is].  Wah. 

 

 Better leave your name as it is, if you have so much respect for husbands name, ask people to address you as Mrs, Sen and not as Ms. Priyanka.   That will create lot of respect for you in mind not only your husband but the entire inlaws side, your moms side.  All the best.

DigiLawyer   14 August 2024

Hello Priyanka! However, you wish to retain your maiden name and continue using it in all future documents. Here's some guidance for you:

Name Change in Legal Documents: While there is no legal requirement to change your name in all legal documents after marriage, if you decide to do so, you will need to follow the specific procedures for each document. Here are some common documents where you may consider changing your name: a) Passport: You can apply for a new passport with your maiden name or choose to update your passport with your husband's surname. The Ministry of External Affairs allows you to retain your maiden name after marriage, but you may need to provide a marriage certificate and an affidavit stating your preference. b) PAN Card: To change your name in your PAN card, you will need to submit a name change application along with supporting documents such as your marriage certificate, identity proof, and address proof. c) Voter's Card: You can apply for a new voter's card with your maiden name if you wish to retain it. You may need to provide your marriage certificate as proof.

New Documents: For new documents, such as a new bank account or a fresh mediclaim application, you can use your preferred name, which is your maiden name (Roy).

Legal Proof: Providing a copy of your marriage certificate should suffice for most official/legal purposes to support the continued usage of your maiden name.

Experience the next level of legal services—visit DigiLawyer.

Team Digilawyer


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