• Change surname

My matrimonial dispute is pending in family court.
I have come to know that latest maharashtra govt notification permits to keep surname of the mother for her minor children.

Please confirm and procedure to change surname in all documents.

The biological father's name remains unchanged.

Thanks

Sunita
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
Hi, If you want to change of name in all the documents in retrospective then you have to file a suit for deceleration before the court for change of name and you have to make state government as  a party.

2.  First you have to issue notice as contemplated under section 80 Code of civil procedure and then you have to file suit before the court.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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 1) The GR states that the mother will have to submit an application that she wants her ward's surname to be changed to her maiden surname from her divorced husband's surname.
She will have to furnish the court order granting divorce and custody of the child to her. 

2) The surname of the child will only be changed when the mother gets her surname changed in state gazette and furnishes a copy of the same to school education department.

3) The mother will also have to file an affidavit before ajudicial magistrate that she is taking full responsibility of the minor child. 

4) in your case no divorce has been granted and you have not been given sole custody of child 

5)wait for your divorce 
Ajay Sethi
Advocate, Mumbai
27251 Answers
1480 Consultations
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Much before the Maharashtra govt notification the Supreme Court of India had declared this. However, if the surname of father has already been incorporated in the documents of the minor then this cannot be changed without the consent of the father. 
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
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First have to change the sir name of mother and then the sir name of the child can name. Even though the name of biological fathers name reflect the same. 
Ajay N S
Advocate, Ernakulam
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Now married women in Maharashtra do not need to change their names or surnames after they get married – unless they choose too. More and more  women are choosing not to.

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.
The radical rule says that “a wife who has not changed her name after marriage, by publishing in the official gazette, may continue to use her maiden name”. The law is clear now: a woman is not obliged to take her husband’s name after marriage. A wife may continue to use her maiden name if she has not changed it officially after marriage.
But his law has not specified abut the child adopting the mother's surname as a rule.


For changing the surname of the minor child, the permission or consent of its biological father (who is also the natural guardian) may have to be obtained. 
T Kalaiselvan
Advocate, Vellore
17402 Answers
165 Consultations
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1) wait for divorce to be granted and custody of daughter be awarded to you then you can apply for change of child surname 
Ajay Sethi
Advocate, Mumbai
27251 Answers
1480 Consultations
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For your subsequent question, you can file a declaratory suit to declare the child's name with your surname.
If you are the only parent filing a petition (request) to change your child's name - whether the other parent agrees or not - you will get a court date and you will have to let the other parent know about your petition and about the court date for the petition. If your child's other parent does not agree to changing the child's name, he or she has the right to oppose your request. If parents cannot agree on a child’s name, the court will decide based upon the best interest of the child. If the judge approves your request, you will get a court order called a "decree" changing your child's name. The court process can take up to 3 months, though in busier courts it may take longer.
T Kalaiselvan
Advocate, Vellore
17402 Answers
165 Consultations
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You having retained your maiden surname coupled with the fact that you have the custody of your son does not give you the right to change his surname except without his father's consent. Even if you get his custody on court orders you will still require the consent of his biological father to change his surname.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
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