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While Filing Mutual Consent Divorce what should be wife name


03-Mar-2026 (In Divorce Law)
My wife is requesting mutual consent divorce which I am agree but on divorce petition her name is incorrect she has never used my name while we were married but she has added my name in her petition even though she don't have any document that reflects that name. In short she has never updated her name on any documents after marriage but now while filing divorce she is using my name is it correct or required in petition or petition will be considered misleading or wrong in court please guide
Answers (3)

Answer #1
926 votes
It is not mandatory for a wife to adopt the husband’s surname after marriage. Using your surname in the petition is not illegal if identity is clear. At most, court may ask for clarification or amendment, not dismiss it.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #2
805 votes
It is fine if she is using your name in filing of petition and can mention also known as or aka and type her previous name, if you both are ready for divorce this is merely a formality for the sake of getting divorce.
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Advocate Moksh Jain

Adv. Moksh Jain

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Answer #3
911 votes
The wife can use her maiden name or married name, but it should match her identity proof. If the wife has changed her name after marriage, it should be supported by documents (ID proof / affidavit). The same name must be used consistently throughout the divorce petition and affidavit.
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRatoMumbai | 200+ Answers
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