What are the rules for a married hindu woman
17-Jun-2023 (In Family Law)
1. Who is the legal gaurdian of a married hindu woman after marriage? 2. Is their any rule where she can be her own legal gaurdian? 3. Is it mandatory to change surname or can a hindu married woman carry on with her maiden surname after marriage?
1. A woman (Hindu or otherwise) upon reaching the age of 18, becomes adult and needs no further guardianship.
2. By Law, she is her own guardian.
3. No, it is not mandatory. A woman may keep her maiden surname if she so desires.
2. By Law, she is her own guardian.
3. No, it is not mandatory. A woman may keep her maiden surname if she so desires.
Who is the legal guardian of a married man
who is the legal guardian of a married woman
natural guardian, in family law
Power of natural guardian
Section 7 of Hindu Minority and Guardianship Act
Who are the natural guardian of a minor child under Hindu law
Hindu Minority and Guardianship Act PDF
You ask as many as three questions at a time and all are co-related. I am trying to answer you in the same sequence -1. After marriage of a Hindu woman his husband is her legal guardian for the custody and maintenance purpose. 2. No adult/major person need any legal guardian for exercising his right to property or any other liberty as provided by the constitution for a Indian citizen. 3.No, it not at all mandatory to change surname after marriage. To take husband's family surname as there is a "Gotrantar" of woman held in Hindu marriage is a customary law or convention. If, any one is intending not to use any surname after his/her name is also permissible in India.
There is no such statute that lays down that after marriage the legal guardian will be husband. But as a matter of custom which is prevailing that husbands are considers as the legal guardian of wives. Whenever Custom and Law contradict, customs always win unless the custom is prejudicial. Apart under the laws of agency wives are considered as an agent of her husband, unless detrimental. A major married person can definitely take his/her decision solely, no guardian be it natural, legal or de-facto can interfere, but certainly when you are to give any declaration on your guardian, you need to mention a name other that yours. Because certainly for any misdeeds of yours no one will complain you but only to your guardian.
No it is not mandatory to change surname after marriage. Therefore as a trend, many young couple prefer to carry their paternal surname before husband's surname! It your choice.
No it is not mandatory to change surname after marriage. Therefore as a trend, many young couple prefer to carry their paternal surname before husband's surname! It your choice.
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.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."