You should apply for a name change in aadhar documents. How was the name changed??through newspaper ad and govt Gazette or just like that?
If there was nothing formal then you can change it.
Myself Aisha been married to muslim guy through spcl marraige act in jun2012 after tht did nikaah nt been registered in gujrat. I have changed my original name in gazetted office in july2016 as i was pregnant. Since 1.5yrs i m not staying vth my husband and we r in verge of getting divorce. can i change my name during my sepration period again to my maiden name and surname as i want retain my maiden name. My Aadhar card n PAN card has name after marraige ie. aisha shaikh but my ppt n driving licence is still with maiden name. Pls advice how to proceed further.. Can a affidavit will suffice the requirement.. As my husband is not willing to give me divorce.. And i have3yrs old daughter. How to get my maiden name on Aadhar n Pan card?
You should apply for a name change in aadhar documents. How was the name changed??through newspaper ad and govt Gazette or just like that?
If there was nothing formal then you can change it.
Yes, you can , go to the aadhar updation office set up by the Government or any bank or post office having this facility with the affidavit and all the proof of maiden name and get the name change and like wise after Aadhar get the name change in other documents.
you can change your name by notification in official gazette and 2 local newspapers together with affidavit of name change
2) mere affidavit would not be sufficient
Hello,
you may make a paper publication with this regards and get the name changed. There is no mandatory requirement of getting divorced before changing the name.
regards
before divorce can i do name and surname change in local Gazetted? I want my maiden Name n surname back will it affect the procedure Secondly my daugther birth certificate shows Aisha shaikh as her mother name.. I want correction in that birth certificate too.
if you have already filed for divorce then you would have to amend your divorce petition following name change
2) if no petition filed you can do name change now
3) change in name is with prospective effect
4) name would not be changed in birth certificate
Change of name or married name is not legally mandatory for a married woman .
You have 2 options
Either obtain decree of divorce under special marriage act and apply for change of name in necessary id documents ,supporting a copy the divorce decree
Or else
Try Applying in the adhar centre by submitting the passport copy and a Gazetted notification newspaper publication copy showing the name change .Once you change the aadhar based on that correction on aadhaar apply for other documents
Change of name is your right and you can do by taking required step .Changing married name is your choice and legally no provisions to insist that you should keep or change your married name.
Yes you can change name during separation you can make ab affidavit of name change and do paper publication of same . Also it is better to have gazzeettee notification done in your case.
Yes you can do same before divorce. Birthed certificate cannot be corrected or changed you can have copy of gazettee notification to support the name change.
You can make it name change after changing name your status of wife will be remain same as before till you get divorce.
Changing name its not related to your divorce or not divorce.
Apply for correction of name attaching, driving license and otehr i`d. Even while subsistence of marriage, wife is entitle to retain her maiden name, grant of divorce is not condition precedent. No need of Gazette notification.
In Birth certificate is will not change. And to avoid this issue, now gazette is must that with Gazette you change your name to sheikh and on getting separated, resuming your same name of before marriage.
The first step is to submit an Affidavit to a First Class Magistrate/Notary Public/Oath Commissioner in the District court.This document serves as a testimony of your decision and intention to change your name legally
The next step is to publish an advertisement in two newspapers- one in the official vernacular language and the other in English.
This is done to publically declare the change in the name so that if a conflict arises later, you have an official declaration of your name change.
Go to the department that looks after the Gazette publication, the Government Press, in most of the cases.
Fill the “Deed changing surname Form” and fill it very carefully following all the instructions mentioned on
The name changing notification will then be published in the Gazette and you’ll receive its copies in the mentioned address in the Deed Form.
After you have successfully changed your name, you will have to update your official documents (e.g.-Passport, PAN Card, Driving License, and Ration Card).
1. You are free to change your name even during the separation period before divorce.
2. Change the name by swearing an affidavit and carry out a newspaper publication and thereafter you can apply for changed name to be incorporated on your Aadhar and PAN card.
3. Gazette Publication cannot be made.
4. The changed name can be mentioned even on the birth certificate of your daughter,
You can change your name any time it doesn't have to do anything with divorce or separation.
You can change your name by notification in official gazette
Give advertisment in 2 local newspapers together
After that you can make affidavit of name change.
Apply for change of name in Adhaar Card by attaching copy of driving license.
Dear Madam,
Now, women can retain their maiden name
It is now perfectly legal for a woman to retain her maiden name after marriage. The Bombay high court recently amended a crucial rule under the Family Courts Act to prevent a woman from being compelled to file any marriage-related proceedings only in her husband’s surname, thus offering relief to many seeking a divorce. It will also help a married woman file proceedings in other courts under her maiden name, say legal experts.
A woman can file proceedings either in her maiden name or another name she may have adopted as long as it is officially registered in the gazette. If she retains her maiden name, a woman cannot be forced by a court to write her name as her first name followed by her husband’s first name and his surname while making a marriage-related petition.
Flavia Agnes of the women’s rights activist group Majlis, whose efforts led to this change, sees the amendment as a “progressive new addition to the law for women”. Majlis’ efforts ensured that a woman can continue to use her maiden name and surname if she so desires after marriage for all official purposes. She is not bound to use her husband’s name and can initiate proceedings in any court using her maiden name. The ‘after divorce’ status, meanwhile, does not force a woman to revert to her maiden surname if she had been using her husband’s surname all through the marriage. She can continue with the ex-husband’s surname, unless her intention is to defraud him, as was held by the Supreme Court.
Unknown to even lawyers, the new law stands published in the state gazette since last November, after the Bombay high court amended a crucial rule under the Family Courts Act in September 2011.
The law has been hailed by women’s rights activists and lawyers. “A woman cannot be compelled while seeking divorce to adopt her married surname if she hadn’t been using it, just as she cannot be compelled to drop her married name and revert to maiden surname after divorce, if she had been,” said a lawyer.
“Prior to the amendment, the Bandra family court staff would not accept divorce or related applications from hundreds of women until they added the first name of their estranged husband as their middle name, and also his surname,” said Agnes. The court staff would compel the quarrelling couple to bear only one surname—the husband’s—in the court case to be filed.
A year ago, Majlis took up the cause with the Bombay high court because it supervises functioning of all lower courts. The issue, said Majlis, was that in Maharashtra, many communities practised the custom of a new wife changing even her first name after marriage and adopting her husband’s full name. But other communities from states across India do not usually follow this custom, though it’s common for women to adopt the husband’s surname.
Besides, an increasing number of urban women prefer to retain and go by their complete maiden name after marriage to preserve their individual identity. “But when they approach the family court to initiate a divorce dispute or a plea for protection from domestic violence few years later or after decades of living with their maiden name, the insistence by court staff to adopt their husband's name comes as a shock and sends their litigation-induced stress levels soaring,” said a Mumbai family law lawyer.
Majlis activists said the arbitrary practice causes immense harassment to women litigants”. “There is no logic in making women adopt the husband’s name while seeking divorce when they hadn’t used it all along,” said Agnes.
The NGO informed the HC that the rigid and pervading practice of enabling a woman to file for divorce only after incorporating her husband’s names was evident in appeals filed before higher courts too. The HC swung into action and its Registrar (legal & Research) informed Majlis on February 10, 2012 that it had amended the rule last September to facilitate greater freedom for women under the Family Court rules of 1988. It amended and added a proviso to Rule 5, which deals with the filing of cases in the family court.
After Marriage
* A wife may continue to use her maiden name if she has not changed it officially after marriage
* A wife can file for divorce in her maiden surname; married surname; any other name she may have adopted and officially gazetted
If you decide to change your last name when you get married, you don't need a court order. ... And if you get divorced and want to legally change your name back to your maiden name, you can usually get the judge to take care of that during the divorce proceedings.
It's your right and decision to change your name anytime.
The divorce case or any other issue cannot prevent you from going ahead with your decision to change your name.
After changing your name once again through Gazette publication, you can apply for change of name in your other identity cards.
You can change your name through Gazette publication but you may not be able to change your daughter 's name in the birth certificate.
You can prepare an affidavit and follow the procedure for name change of your child.