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Anu Sharma (software engineer)     23 April 2012

Want to maintain father en name after marriage.

 

Hi,

My name is Anu Sharma. I am recently got married.  But still now our marriage is not registered. As I understand from some other post and Indian law that changing surname is very difficult as well as hazardous, I like to maintain my surname as it is 'Anu Sharma'. 

But we have seen that if we go with the Hindu marriage act, my name has to be changed on the applicaiton form.  is it legal ,if we go with Special Marriage though we are married already? ( I heard that , surname change is not required according to the special marriage act).

Thanks.

Anu



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 April 2012

A married women normally retains the right to use her maiden Name and she is not required t adopt the Name of her husband. This may be important to a woman who has developed a long standing professional use of her Maiden name. Thus, a married woman  may adapt her husband's surname as a matter of custom rathern than as a matter of law.

Historically, a person was free to adopt and use any Name he or she desired as long as it was not done for fraud and did not interfere with the rights of others. The persons would be legally bound by any contract or other agreement into which he or she entered under the adopted Name. Also, the person could normally sue and be sued in the adopted Name.

The signature is a mark used to represent by Name and intended to operate as his signature. The signature does not have to be a full expression of a person's legal Name, but can include abbreviations, initials, nick-names, or any other mark intended by a person as his signature. 

Deepak Nair (lawyer)     23 April 2012

I have answered in your similar query.

Your understanding is incorrect. Changing surname by girls after marriage is not at all difficult or hazardous.

But, if you wish to retain your original name, there is nothing wrong with that too. Please refer to my answer to your similar post too.


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