Introduction:
Putting an end to a conjugal journey always means a new beginning of a new journey. Many women start this new way of life by reclaiming their own identity, which involves changing their surname back to their previous one. A discussion that arises in this common topic is not just about the wife's right to detach her ex-husband’s name from her own, but it naturally guides the topic of changing a child's surname. We, as a law firm and law consultants, have taken a determined oath for clear and client-friendly legal guidance; we guide on these critical points of post-divorce life in India.
The Wife's Right to Her Name Post Divorce:
It is not mandatory for a woman to change her surname after marriage; it is also not even mandatory to exchange their maiden name after post-divorce. Our law does not even force it. So, ultimately the decision lies totally on the choice and legal right of her. The Supreme Court of India has affirmed that a woman's right to her name is a fundamental right, looking out at the importance of individual autonomy in defining one's identity.
Reasons for Name Change:
There are several reasons for which a woman might choose to change her surname after divorce, which vary from person to person and are personal:
- Reclaiming Maiden Name: Keeping one’s maiden name is an epitome of the independence that a person feels naturally.
- Isolation from Previous Partner: It is also a way to make or show a clear disconnection from the previous marital relationship.
- Making an impact with a new identity: A new last name gives a feel of a fresh start and the starting of a new life chapter.
- Official and Social Considerations: Some might find it beneficial for official works or societal reasons to adopt a different surname.
Process through which one can get their surname:
The process involves certain legal steps to ensure it's officially recognized across all documents:
- Make an Affidavit: The very first step is to make an affidavit with the help of any legal person, stating your intentions clearly there, as in why you want to change your last name. The draft of this affidavit should contain some information like your old name, new name, address, and the reason for the change.
- Gazette Notification: One of the crucial steps for legal recognition exchange. One needs to apply to the Department of Publication and Government of India for a Gazette notification. This process includes submitting your affidavit, a prescribed carry-out, passport-sized photographs, and a request letter written for all the reasons. Once it is published in the Gazette of India, the last name change becomes legally binding and recognized nationwide.
- Updating Official Documents: After getting the Gazette notification, it is necessary to update all your official documents. It also means updating all of your govt. Ids , your Aadhaar Card, PAN Card, Passport, Voter ID, driving license, bank accounts, and insurance policies to reflect your new surname. By this one can avoid future complications.
Changing a Child's Surname After Divorce:
Just like the mother, the child can also change his or her surname as per their will. No one can force them.
Reasons for change:
I) Sole custody: In the matter of sole custody, the parent who got the custody may need court approval for the name change. The court will always prioritize what is best for the child.
II) Child's Wishes: If the child has sufficient maturity, their wishes regarding their change of surname will be considered by the court.
Process for Changing a Child's Surname:
Very similar to an adult's last name change, the process for a child also includes:
- Submitting an Affidavit: An affidavit states the whole intent of the change of the minor's name and attaches the details of the child's current and new name, age, and divorce details.
- Parental Consent/Court Order: Documentation proving mutual consent of both parents or a court order granting permission for the name change.
- Newspaper Publication: Publication of a public notice in a local newspaper.
- Gazette Notification: Application to the Gazette of India for notification of the child's name change.
- Updating Documents: Updating the child's birth certificate, school records, passport, and other official documents.
Conclusion:
In essence, reverting names post-divorce empowers women to reclaim their identity, a fundamental right. While a wife's name change is relatively straightforward, altering a child's surname requires careful consideration of their best interests and often parental consent or court approval. Understanding the legal process, including affidavits, newspaper publications, and Gazette notifications, is crucial for both scenarios. For a seamless and legal transition, seeking expert legal guidance is necessary, ensuring a new beginning is built on solid ground.
