Why Married Woman Must Take Permission From Government Or Ex To Retain Maiden Name?

It is challenging, if a woman cannot retain her maiden name after marriage. Marriage in itself is a bigger transition of life and here comes an additional challenge. In one of the previous cases Delhi High Court faced a challenge to untangle legal barrier against the government policy that states the married woman needs to acquire a no-objection certificate from their husbands if they wish to revert their maiden name legally.

The directive, issued by the Department of Publication under the Union Ministry of Housing and Urban Affairs, stipulates that women seeking to reclaim their maiden surnames must furnish either a certificate from their spouses affirming no objection to the use of their maiden surname or a copy of their divorce decree. Furthermore, if a divorce case is pending, the woman’s name-change request would be suspended until the case’s conclusion.

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The undated notification lacks any official government seal and raises questions regarding its issuance by the Ministry of Housing and Urban Affairs, an authority seemingly unrelated to such matters.

According to records from the Internet Archive dating back to January 26, 2022, the notification has been available online for some time.

Legal experts, try find the requirement for a husband’s consent for a woman to change her name perplexing and unfounded. This policy contradicts the government’s 2017 stance, expressed by the Prime Minister, advocating against the necessity of marriage-related documentation for passport applications.

The notification reflects a broader trend in India, where rules and laws presume that women must adopt their husband’s surnames after marriage. This presumption often translates into practical obstacles for women who choose to retain their maiden names, as illustrated by instances of travel agents and other authorities demanding no-objection certificates for various activities.

Despite the absence of legal mandates for such certificates, institutional ignorance or misinterpretation of regulations may lead to unnecessary hurdles for women, emphasizing the systemic challenges they face in asserting their autonomy and identity.

According to an undated notification found on the Department of Publication’s website under the Ministry of Housing & Urban Affairs:

– To proceed with the name change request, the applicant needs to provide either a divorce decree or a No Objection Certificate (NOC) from her husband.
– The NOC must be accompanied by a copy of the applicant’s ID proof and mobile number.
– If the name change matter is pending in a court of law, the application cannot be processed until a verdict is reached.

This summarizes to this that if a wife intends to legally revert to her maiden name by dropping her husband’s surname, his consent must be obtained through a No-Objection Certificate (NOC). However, if the couple is undergoing divorce proceedings and the husband declines to provide an NOC, the woman is compelled to await the court’s verdict before proceeding with the name change.

And this is the reason for a woman 40-year-old Divya Modi knock the Delhi High Court’s door.

Key Points:

– The petitioner initially changed her name to Divya Tongya upon marrying Rishabh Tongya in 2010, as published in the Gazette of India from September 6 to September 12, 2014.

– In 2019, she legally changed her name to Divya Modi Tongya, documented and published in the Gazette from October 26 to November 11, 2019.

– Divorce proceedings under the Hindu Marriage Act were initiated in August 2023.

– The petitioner seeks to revert to her maiden name, Divya Modi, for all purposes.

– Allegations in the writ petition include that the notification obstructs the petitioner’s right to change her surname during ongoing divorce proceedings.

– The action is deemed violative of Articles 14, 19(1)(a), and 21 of the Constitution of India, and against principles of natural justice.

– The petitioner argues that her fundamental rights are violated as her name is integral to her identity and the notification intrudes upon her privacy.

– The petition references the Supreme Court’s judgment in the Jigya Yadav vs. CBSE case, which emphasized an individual’s right to control their name for all times, particularly in situations where a just cause exists.

Adopting Husband’s Name: 

Regarding the adoption of a husband’s surname, Indian law does not enforce this as a requirement for women after marriage. However, for those opting to legally adopt their husband’s surname, the process typically involves:

1. Registering the marriage.

2. Drafting an affidavit.

3. Getting the affidavit notarized.

4. Declaring the change to relevant third parties.

5. Publishing a Gazette notification.

 

 

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