• Name change procedure problems

My sister (divorced, 11 years) wants to change her daughters' names back to her surname before marriage. Daughers live with her and are in her custody legally.

However, CBSE has very strange rules for name change.

My nieces' names are already changed on Aadhar and Passport, yet CBSE insists that my sister gets a court order for change of name in CBSE.

That has led to another problem.

Reason:

A Court of law does not intervene in a matter of change of name, unless someone questions such change of name.  In case it is assumed that  under the (CBSE) Byelaw, the person seeking  change  of name in the record of CBSE is to bring an order  from a Civil Court,  no such order  can be obtained since  there  will be no defendant if a civil suit  is to be filed by the applicant.

What is the solution to this?

If any of you would like to take this up, what will be the total charges and time, for getting a court order that fulfills CBSE's name change requirements.

We are based in New Delhi.

Thank you.
Asked 9 days ago in Civil Law from New Delhi, Delhi
1) there are number of lawyers on this website from DElhi 

2) you can contact any of them 

3) legal fees vary depending upon lawyer engaged by you 

4) to change child surname after divorce you need biological father consent 

5) if father gives consent name can be changed by publication in official gazette and in 2 local newspapers

6)  The biological father has the right to obtain a stay order if their second name is being changed. 

7) in the suit filed by you biological father would be the defendant 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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Do note that without consent of biological parent the surname of name of the minor can not be changed.
So the CBSE has rightly rasped this objection.
So ask for consent of her father and do the needful.
I do not find any opportunity that the court is going to grant this permission.
However you can try your luck filing writ petition in high court.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
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1)biological father consent is necessary even if he has remarried 

2)you can send an email to your ex husband to give his consent 

3) if he agrees ask him to execute an affidavit that he has no objections for change in name 

4) affidavit should be duly notarised 
Ajay Sethi
Advocate, Mumbai
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1216 Consultations
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Remarriage doesn't relinquish right of biological parent over the child. His consent is indispensable.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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1. The dissolution of marriage of your sister had resulted in the termination of the legal relationship between your sister and her husband, but not between the children and their father. The daughters of your sister continue to be the daughters of their biological father for all legal and practical reasons. The decree of divorce has no nexus with the legal relationship between the children and their parent(s).

2. Without the consent of the biological father it is not possible to change the surname. Even the court will not order CBSE to change the surname if father opposes the suit. So the only feasible solution to this is to postpone the desired change to the date when the daughters would attain majority. Once they attain the majority they can change their surname but it will not be changed ex post facto in academic certificates.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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