Lord Ganesha (service) 30 October 2012

Which name is legal n right ? ? ?

Dear Experts

The name of my wife before marriage and in her academic records is MANISHA GUPTA . After marriage , we deleted the word Gupta from her name to MANISHA AGRAWAL .

She filed different cases against us under sec 498 A , 504 , 406 , 125 etc in the name of Manisha Gupta . Now , at the time of out of court sttlement , her side is objectng to her name written as MANISHA AGRAWAL ( Before Marriage MANISHA GUPTA ) in the joint petition for mutually agreed divorce.

However , we are paying the one time settlement money through draft prepared in the name of Apurva Gupta , on their request as they may have no problem in receiving payment frm bank .

Please advice which name would be written in the joint petition for mutual divorce, legally ? and the name in joint petition has something to withdarwing of the cases as filed by her against us ?

Thanking u in advance .

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1 Replies

Tajobsindia (Senior Partner ) 31 October 2012

1. If name change was Officially done i.e. via Gazette or Paper advertisements and changed name any public documents exists (State Service provider Tel. Bill / Electricity Bill / Ration Card / any joint Property Doc. / Election Card / Mothers name as in Registration of Births of a child of parties / Driving License / PAN Card / ITR Filing / PF Account / Scheduled Bank Account then changed name will appear in all Court filing purposes.

2. The DD / Cheque should always be made in her changed name and not on some third party name.

3. Also note one can also use name such as "Manisha Gupta aka Manisha Agrawal" in Memo of Parties and in recording of Joint Statements purposes during MCD.

Her prior to marriage name i.e. Manisha Gupta singularly cannot be used for Court purposes though she is at liberty to use her prior to marriage name post divorce decree but for the same she is required to place adv. in Gazette or Paper Advertisement for a single reason that your brief says her prior to marriage name was changed by you folks.

Above are correct position / interpretation of Law in motion.