• Surname change of minor child

Can the surname of a minor child be changed after mother's divorce, to the her father's surname? The mother got the full custody of the child. The previous husband has not been entitled for any alimony or maintenance, neither permitted any visitation. 

Mother have change surname and also middle name of child in school also but old school L.C was with father's surname and school also admitted child with his father's name and surname. But after Divorce Mother have change the both name.

if its not possible by law then how can i filed a petition against her and in which section of law.
is it Section 6 of WP(C)N0. 21391 OF 2006 the Hindu Minority and Guardianship Act, 1956?
please advise.
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

1) For minor custody is with mother however later on a father can apply for visitation and custody of child as per HMG act.

Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Guardianship Under Hindu, Muslim, Christian And Parsi Laws: Under the Hindu Minority and Guardianship Act, 1956, S. 4(b), minor means a person who has not completed the age of eighteen years.

2) The HMG Act postulates that the custody of an infant or a tender aged child should be given to his/her mother unless the father discloses cogent reasons that are indicative of and presage the livelihood of the welfare and interest of the child being undermined or jeopardized if the custody is retained by the mother. Section 6(a) of the Act, therefore, preserves the right of the father to be the guardian of the property of the minor child but not the guardian of his person whilst the child is less than five years old. It carves out the exception of interim custody, in contradistinction of guardianship, and then specifies that custody should be given to the mother so long as the child is below five years in age. The court said that the Act placed the onus on father to prove that it was not in the welfare of the infant child to be placed in the custody of mother and HC order virtually nullifies the spirit of the enactment. The Act immediately provides that the custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother. The use of the word 'ordinarily' cannot be over-emphasized. It ordains a presumption, albeit a rebuttable one, in favour of the mother.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You need father consent to change the surname of child

2) it has to be done by gazette notification and publication in 2 local newspapers

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

The custody of a Hindu child is governed by the Guardian and Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956.

APPLICATION UNDER SECTION 25 OF GUARDIAN AND WARDS ACT FOR THE CUSTODY OF Moinor.

Section 25 in The Guardians and Wards Act, 1890

25. Title of guardian to custody of ward.—

(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custo­dy of the guardian.

(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882)1.

(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.

Also no change of name is valid without consent of the biological father the name change is invalid.

Give notice to this effect to your wife.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Instead of objecting against the unilateral change of middle name and surname of the child, I will advise you to file a petition seeking custody of your child in terms of the Guardian and Wards Act. That's because your wife was not restrained in terms of a Court order to do what she has does.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

Dear Sir/Madam,

The law is as follows

:How to Change a Child’s Name/Surname After Divorce

________________________________________

The legal surname of the child is the surname nominated by the registering parent or parents at the time of the child’s birth. This is often the surname of the child’s father.

In the event the relationship between the parents subsequently breaks down, then one of the parents of the child may wish to change the child’s surname. This usually happens if the mother has adopted the father’s surname at the time of marriage, and subsequently wishes to revert to her maiden name after separation. So that the child does not have a different surname to the mother in that instance, the mother might then seek to change the child’s surname to her own maiden name or hyphenate her maiden name with the father’s name.

In other situations, the mother of the child may remarry and adopt her new husband’s surname and seek that the child from her first marriage also adopt her new husband’s surname. This is particularly the case if the father of the child is estranged from the child and the child views her mother’s second husband as his or her paternal figure.

How to change a child’s name if both parents consent

In the event that the child’s parents are listed on the child’s birth certificate and both consent to a change of name, then the parents may jointly register an application to register a change of name at the Office of Births, Deaths and Marriages.

How to change a child’s name if both parents do not agree

In the event one parent wishes to change a child’s name, and this is opposed by the other parent, then it is advisable the parties participate in mediation to try to resolve the matter. Depending upon the age of the child, the parties may consider that the child also participates in the mediation so they may take into account any views expressed by the child, especially if the child is a teenager.

FATHERERS NAME REMAINS EVEN AFTER DIVORCE SINCE THE CHILD BORNTO THAT FATHE…… IF EX-FATHER DISPUTES LET HIM GO TO THE COURT.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Your ex-husband is the biological father of your child who bears his surname.

2. You are at liberty to erase his name completely from your life and name but can not do so in case of your child.

3. Without the consent of your ex-husband, you can not change the surname or father's name of your child.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

No, you can change it by giving an affidavit in the form of undertaking disclosing all the details plus publish that in a local newspaper, and then apply for change in the same anywhere.

If any authority doesn’t comply with that then file Writ against that authority.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

She cannot change the name of the child without consulting the biological father's consent.

You can approach court with a suit restraining her from changing the name of the child without consent of the biological father.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. The decree of divorce does not mean obliteration of identity of the child with that of his father.

2. So event after divorce the mother can not change the surname of the child with that of her father.

3. if she does the father can file a suit for declaration and injunction.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You can change his surname through gazette notification anytime.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer