12 October 2011

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Legal to use married name Surname for Divorced Females Legal Position Clarified

Legal to use married name Surname for Divorced Females Legal Position Clarified

Few months back Passport office had denied a Pune woman her constitutional right to use her name, even though her former husband had no objection to its use.
The passport office relied on the order given by Bombay High court in which it had stopped one divorced woman from using her married name after her ex-husband specifically objected to it.

Pointed to be noted here is that Husband objected it.



Additional solicitor general Darius Khambata in a legal opinion to the
Mumbai regional passport office (RPO) said that "The wife has a fundamental right under Article 21 of the Constitution of India (right to life) to use any name including her married name notwithstanding the fact that her marriage has
Been dissolved,"

This is good news for all the divorced females as normally in India after marriage girls change name and later everything is bought and done using that changed name.

Thus it becomes harassment to change all the previous documents that is bank accounts, apartment purchase etc

Now this will stop the unnecessary harassment of divorced females from public or private offices where they insist on changing the name or who do not allowed the divorced females to use their married surname after their divorce.

Reality views by sm –
Wednesday, October 12, 2011

Tags – Divorce Surname India Female Legally USE surname

6 comments:

chitra October 12, 2011  

Good news for divorced ladies.

AKS October 15, 2011  

The verdict is most welcomed. But I never understood why in the first place women need to change their surnames after marriage. How we talk of equality??

sm October 15, 2011  

@AKS

thanks. But its tradition and majority Indians as well as educated females follow it.
You raised valid question.

AKS October 16, 2011  

I just hope this females start asking "Why?" world will change in days!!!!