Will there be an Issue in future if my wife uses her maiden surname
02-Jan-2023 (In Documentation Law)
Hi, Myself XYZ living in delhi. My wife's name is ABC in all her pre & post marriage certificates. Our marriage certificate also Shows XYZ wedsABC Last year we were blessed with a baby boy. We got his birth certificate with father's name as XYZ and Mother's name as ABC. This is done because we want our child to use mother's & father's name with surname PQR Additionally, I want my wife to retain her pre-marriage surname i.e. STV. Will this cause any future issues to my child or my wife? Kindly advice. Regards,
Women / Men are free to use any name they want. India is a democracy and what name a person should use is his / her fundamental right.
No law / person can take that away.
Changing your name / surname post marriage therefore, is a choice. It is customary. Not legally binding.
If you choose to change your name / surname post marriage, you have to make an affidavit and the changed name is published in the official gazette of the state government.
Likewise, you have to change all of your documents individually (if you already have them.) Your PAN card, driving license, bank documents, passport, every other government document, individually.
In all of these places, you will have to give a copy of the gazette / affidavit and marriage registration certificate.
If you choose not to, no person can force you to do so. If a government department official insists on you writing a different name (or the same surname as your husband), just ask him to give that to you in writing.
That should do the trick. (I remember having to fight with the local gas agency as the gas connection was to be taken in my name. Of course when I told him I am a lawyer, he kept quiet.)
So, no you don't have to fear these custodians of Indian culture nor do you have to fear legal complications.
Some people are under the impression that your children may face problems in the future in getting government documents. This too is a myth.
In fact no law mandates that children should have 'father's name' as the middle name either. Father's name and surname is used because that is the prevailing custom. You are free to use your name and maiden surname for your child.
No law / person can take that away.
Changing your name / surname post marriage therefore, is a choice. It is customary. Not legally binding.
If you choose to change your name / surname post marriage, you have to make an affidavit and the changed name is published in the official gazette of the state government.
Likewise, you have to change all of your documents individually (if you already have them.) Your PAN card, driving license, bank documents, passport, every other government document, individually.
In all of these places, you will have to give a copy of the gazette / affidavit and marriage registration certificate.
If you choose not to, no person can force you to do so. If a government department official insists on you writing a different name (or the same surname as your husband), just ask him to give that to you in writing.
That should do the trick. (I remember having to fight with the local gas agency as the gas connection was to be taken in my name. Of course when I told him I am a lawyer, he kept quiet.)
So, no you don't have to fear these custodians of Indian culture nor do you have to fear legal complications.
Some people are under the impression that your children may face problems in the future in getting government documents. This too is a myth.
In fact no law mandates that children should have 'father's name' as the middle name either. Father's name and surname is used because that is the prevailing custom. You are free to use your name and maiden surname for your child.
There is no provision of law which provides or require that wife has to use her husband surname. She can use her pre marriage surname after marriage as well. If marriage certificate provides her pre marriage surname, there is no need to change the surname.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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