• Name of bride after marriage.

I am ABC Sarkar, age 26, a govt employee. My wife XYZ Mondal, age 20, a housewife. We have registered our marriage with her maiden name & address. What name she should carry after marriage? 
1. XYZ Mondal.
2. XYZ Sarkar.
3. XYZ Mondal Sarkar.
4. XYZ Mondal ( Sarkar) .

She is going to give birth of a baby. I want to give the child my surname. If she keeps her maiden name I have no problem. There should not be any problem in my absence/death; like getting jobs, education, paternal property, my property. She has no LIC. Pls provide me good advice.
Asked 6 years ago in Civil Law

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26 Answers

She can opt for any name she wants you both need to decide it between yourself. There is no legal obligation to woman to change her name after marriage of continue a particular make only

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

She can keep whatever name she or you likes ,

Since marriage registered with maiden name, you can continue with the same

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You can choose any name. Birth certificate contains name of both father and mother. So there shall be no legal issues as well as social issues.  It is completely a matte of choice. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Presently change of name is not permissible only she may change the surname to husband in her name so in this case if you wish to change the name of your wife definitely you have to change it properly by publishing name in official gazette and getting the documents changed accordingly if we do not change the name she can carry her maiden name as her name and the child will have no problem in the birth certificate her maiden name will appear as a mother's name and your name will appear as father name this is very common practice that let you do not change their names even after the marriage so you can carry on with the middle name of your wife in case you don't need to change the name

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

So far name of your spouse one can choose either title or a combination of both. No legal issues. Choosing title is a matter of choice. Marriage certificate will serve all legal issues. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can get his name gazetted by including both surnames if you want

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Any name and title shall not create any problem so far birth certificate contains name of both parents. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

The name which has been registered has to be her name is the name she should have.

She will have no problem if she keeps her name.

Your child should carry your name. It will not be a problem.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No that would not be a problem. Go ahead.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

 

She has full rights to retain her maiden name that nobody can deny XYZ Mondal. But you both still want to change her name can change it as per you wish any one of the above. and new born child's name you can keep as per XYZ Sarkar.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

There is no rule or law tht forces an Indian woman to change her maiden name after marriage by including her husband's name or surname as suffix replacing her maiden surname.

The married woman is at liberty to retain her maiden name or to change her name after marriage suiting to her her circumstances, there is no compulsion on her for doing this.

Hence if she wants to change her name it would be advisable that you follow name change procedure as per prevailing law to change one's name instead of changing it at your will or fancy.

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

The child born to you both can be named as per the choice of either of you you or by a mutually agreed name including the surname, there cannot be any problem on this especially if she is having proof or evidence to prove the identity of  her biological parents.

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

It is for your wife to take a call whether she wants to change her surname after marriage or not 

 

2) if she is agreeable then she can use na e XYZ Sarkar or XYZ Mondal Sarkar 

 

3) she can by gazette notification and publication in 2 local newspapers change her name 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Child should not face any problems if your wife has not changed her name after marriage 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

No law prescribes change of name or surname after the marriage for any spouse.

The people do so as per their wish or marriage customs.

So she can continue with her maiden surname but after marriage her address become that of her husband's one.

So she can on the basis of the marriage certificate and affidavit can apply for change of address. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Changing the name or keeping the same name will not create any problem for your child.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Also to get your wife surname changed in the documents then you must get the same changed on the birth certificate first. 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No there will no problem of anykind in the name of your child.

Your can choose any name. As per your and her wish.

Your child will get your surname. Thats it.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir,

Name change after marriage is a choice. Some women prefer to go for it while some don't. A woman usually can choose to affix the last name of her husband to her name or replace her maiden last name with that of her husband's. In India, the latter option is often preferred.

Full names are often bound to things like bank accounts, credit card, government schemes etc., so sticking to your maiden name after the wedding is the most viable option. But in case you intend to change your name after marriage and still stay linked to all your statutory holdings, then there is a prescribed legal procedure to do so. In this article, we look at how to go about the process of name change after marriage in India.

First things first. It is not a compulsion for woman to change her name after marriage in India, nor can she be forced to do so. Changing the surname or even the first name is up to the personal choice of the woman. There is a misconception that different surnames can cause some trouble when an espoused couple would like to acquire an entity with collaborative ownership. A woman can stick to her maiden name, and still be entitled to all the benefits, rights and privileges of being a wife. Therefore, you can decide whether you want a name change after marriage or not. In case you are positive about it, here’s the legal procedure for it in India:

Step 1

If you’re sure, and ready for a name change after marriage, then you need to first get a marriage certificate, which means you need to legally get your marriage registered. You will have to download a form from your state government’s website and submit it at Sub Registrar Office. You will have to submit an array of photocopies of documents like Aadhar Card, PAN card etc., whose list you can find on the government’s website. Please note that marriages in India are registered under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. You can find more details about each on the state government’s website or the central government’s website

Step 2

You need to visit a registered notary and ask for an affidavit for name change after marriage. An affidavit is basically a stamp paper notifying your intention of changing your name to a new one along with the details of previous name, new name and the reason for a change in name.

Step 3

You need to then get a proof of your name change after marriage. This means that you need to have a statement made by a third party that says that you have changed your name. Although it is third party, you need to submit the proclamation yourself. You need to do two things for this:

One is submit a newspaper advertisement in at least two popular local newspapers stating that you have changed your name in the presence of a notary.

Here’s a sample:

“ I, (insert your maiden full name) married to (insert your husband’s full name), on (insert wedding date in DD-MM-YYYY format) residing at (insert your current permanent address) have changed my name to (insert your new name) with Affidavit dated (insert date of affidavit) sworn before Notary (insert name and city of the notary)”

Make sure you keep a few copies of the entire newspaper with you once it is published.

The second thing is that you need to make an announcement of the name change after marriage in the Gazette of India. For that you need to submit an application form for a name change to Department of Publications, which works under Ministry of Urban Development, Government of India. Gazette of India is an official government journal published by the government. You can find more information regarding this here. Also find some additional information about name change here.

Step 4

Once you are done with all the above steps, all you have to do is make the necessary changes at all the other places, like at your bank, where you may need to change your signature as a result of your name change after marriage. You will also have to make an application for a new PAN Card, Aadhar Card, etc. A uniform change at all the places with a record of name will help in the long run.

Reasons To Change, Not Change And The Middle Path

Like I said before, there is no compulsion for a name change after marriage. But in case you fancy the idea of doing so, here are some reasons that will help you take a sound decision:

1. Helps In Documentation

After a name change after marriage, with a common surname, paperwork gets easier when applying for something or procuring something. For example, it will be easier for you to prove that you are the wife of your husband when you intend to buy a joint property. There are various such instances where you will realise that sharing a common surname actually helps.

2. Easy For The Children

It will be less awkward for children to say their parents’ name in schools than saying two different names. The latter case will surely ensue a series of questions, from the older folks who’re used to the name change after marriage, which your child is surely going to bring home. Also, like the case in previous point, a common surname will help in easy documentation when you admit your children in school.

3. Easy For Others To Address You

Just think of it, after you name change after marriage, the next time you are asked your name, you can give a terse response of Mrs. Hubby’s Surname. You need not divulge your first name at all. This also makes it a lot easier for those sending you an invitation, especially those who only know your husband. They can just write Mr. and Mrs. Hubby’s Surname, and that’s it, you are invited to the party too.

4. You Get A Bonus Marriage Certificate

In India, traditionally the marriage certificate is given a pass. But applying for a legal change of name would compel you to acquire a marriage certificate, which has numerous benefits. It is a simple piece of paper that is documentary proof that you and your partner are legally married. If you intend to settle abroad, especially in countries where traditional Indian weddings are not recognised, then a name change after marriage will be very helpful.

[Read More: Best Wedding Packages In India]

Why should I stick to my maiden name?

You should stick to your maiden name if:

  1. Your name is a brand, which means you have various publications, research papers or simply put, some fame attached to it. In that case, you would like to maintain your maiden name intact.
  2. You have several legal holdings tagged to your maiden name, and therefore you would like to keep your maiden name so that you have hassle-free dealings pertaining to those entities.
  3. You would like to be discoverable on social media, and mainly because of the nature of your work demands active networking.
  4. Your husband’s surname is outright funny, or your first name just does not go well with that of your husband’s.

If that is the case, you can always go for the middle path i.e. having a dual surname. This means retaining your maiden surname, and suffixing your husband’s surname to it. You would wonder what would then exactly be your surname, after such a name change after marriage.

Well, in case of hybrid surnames, your husband’s surname becomes your actual surname, and that maiden surname of yours now becomes your ‘middle name’. Since ‘First-Middle-Last’ format is acceptable, and in fact popular type of nomenclature system in India, name change after marriage can easily deal with the problems you would otherwise face by retaining just your maiden surname.

Even legal forms and general application forms have the provision for scribing your middle name, and since your surname is officially that of husband’s, you can continue using your previous surname now in the form of your middle name. Overall, a win-win situation.

Lastly, it is up to you whether you would like to change your surname or retain the old one or go for a hybrid version. There are some benefits attached to changing your surname to that of your husband’s but you can avail the same benefits by going for a dual surname strategy. In the end, it is best to discuss this matter with your husband, and seek his opinion as well. You can then take a mutual decision to choose the best solution that will have long term benefits for both of you.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

As per your wish you can.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It is not a problem as legally.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. She has to decide what name she should carry after marriage. A woman is free to carry her paternal surname after marriage. She can also carry the surname of her husband or prefix the surname of her husband to her paternal surname.

2. You can give your child your surname even if your wife retains her paternal surname. Your child face no problem.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

See changing of name is not required under law. She can retain her maiden name if she wishes to do so. 

Proof of marriage will be registration certificate there won't be any issue of name.

You can give your son your surname there wont be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes it is okay and correct as per law.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The name to be carried by her is option to be decided by both of you.

Once the issue of name to be carried by your wife is decided, the child's name will reflect as per decided names of both of you i.e., S/o. or D/o. of ABD Sarkar & XYZ Mondal Sarkar.

In case if she has to go for change of name, it has to be got published in Gazette and also to be published in Two Local News papers.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. You can choose any name from above mentioned list as there is no law regarding Name after marriage as long as she have ID which have her name mentioned as wife of ABC Sarkar. 

2. Yes your child can have name of father as ABC Sarkar and mother name as XYZ mondal in his/her birth certificate.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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