• Change of Name ( Surname or Full Name)

As per my RCR through memorandum of settlement, the below was agreed between me and my wife that because of irreconcilable differences we are staying apart. 
It is agreed between the parties that, the daughter ANKITA BIPIN KADAM is presently under the case and custody of the petitioner/father. In view of the settlement arrived at between the parties, the petitioner has agreed to handover the custody of the daughter to the respondent before the Hon'ble court at the time of reporting the settlement. The care and custody of the Son RANJAN BIPIN KADAM shall be continued with the respondent / Mother in future.

I stay in Bangalore and she resides in Pune.

Today my wife messages me that the maintenance i'm paying is not sufficient and I'm an irresponsible father and hence she is going to change the names of my kids. 

We are not divorced and no cases running. We are living separately for 2 years now. I have not been given any access to kids for last 1.8 years. Can she change the names without my consent. If she does, what should my next steps be ??? What actions can I take on her legally ?
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

wife cannot change the names of children without your consent 

 

2) if wife changes name file application in family court seek sole custody of your children 

 

3) you can also file for divorce on grounds of desertion as wife has continuously stayed separate from you for period of 2 years 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

Dear Client,

Better file application in court for child custody and seek restrain order from change of name. Visitation right will grant by court. She has custody order in her favor and being natural guardian, she can apply for name change. You can file injunction suit against her

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

See she can change name or surname of the kids without your consenting citing herself as the legal Guardian, you can give her a legal notice to her and further can file for custody of children seeking interim relief that there mother can be restricted from changing the name and you can seek visitation rights for your children. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

She cannot change the name of the minor children without the consent of the biological father.

But you cannot take any legal action against her on mere information from her in this regard.

You wait for the developments and then decide proper course of legal action on the happening of the event.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

No need to worry, Without consent of biological father she can not change child name. 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

Hello,

file a suit to claim visitation rights of the child.

she can not change the name without your permission. If she does so then file a case in the court.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) She can't change biological father name of children without consent of biological father.

2) You can file case in the same family court regarding your wife's intention that changing names of children.

3) Plus ask son custody under you as per Guardian Act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

you can file a petition for custody and pray an injunction in the same from not changing the name of the child.

Prashant Nayak
Advocate, Mumbai
34585 Answers
249 Consultations

Dear Sir,

You may file a simple suit of permanent injunction restraining your wife from changing name of your child without your written consent.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Sir,

Your wife cannot change your child’s surname without your permission. If she does, then file a writ petition in High court for direction your wife not to change your child’ surnames.

A mother, or father, cannot change a child's surname by herself or himself unless she or he is the only person with parental responsibility. Even then if the other parent objects a Court Order should be made.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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