Change of Name for women after marriage, change of name after divorce, change of name after re-marriage, Surname change after marriage for married women, Name Change for a widow when she remarries.
Lawguide gives necessary guidance for change of name for women after marriage, after divorce, etc., in preparing the documentation and in guiding the other steps to be followed.
It is an age old tradition and custom for Indian women to change their maiden or surname or both after marriage representing a new identity and signifying the beginning of a new life. Generally, women in India adopt the family name of her husband by changing their name after marriage. However, contrary to the popular belief and the prevailing customs in India, the Indian Law gives the freedom of choice to women to retain their maiden name even after marriage. There is no provision of law which mandates a woman to change her name after marriage which makes it clear beyond doubt that the option to change the name after marriage, completely vests with the woman herself. This has been affirmed by the court of law recently wherein it was held that a woman has the right to define her own identity, and her name being her biggest identity. The exercise of
In 2011September there is a crucial amendment to Family Court’s Act 1988 that if a woman has not adopted her husband’s name after marriage, she can initiate divorce proceedings, in her maiden name or any other name that has been adopted and notified in the official gazette and cannot be compelled to add her husband’s name to her name while filing a marriage related petition. On the other hand, even after divorce, if the woman desires to retain with her husband’s name, there is no restriction to do so unless of course she does so with a mala fide intention to defraud him.
Many women prefer to stick to their husband’s name even after divorce due to the cumbersome procedure of getting the name changed in all legal documents like, Passport, ration card, Voter Identity Card, Driving Licence, Pan Card and other official documents and also because the children might be using the husband’s surname.
Whatever maybe the reason whether the change of name is voluntary or otherwise, we have to understand the social and legal obligations of living with a new name. The change in name must be legally represented. By mere proclamation of change in name, one may not be able to enjoy the benefits and may face legal problems after marriage.
- I.D. Proof: Aadhar Card or Passport or PAN Card or Driving Licence or Voter I.D.
- Address Proof: Ration Card or Aadhar Card or Electricity Bill etc.
- Marriage Certificate (if any available) or wedding card in proof of marriage.
- Undertaking duly signed by the applicant.
- Original Newspaper publication.
- Proforma in the prescribed format duly typed with the signature of the applicant and two witnesses
- 2 Nos. self-attested passport photographs the applicant.
- Certificate duly signed by the applicant declaring that the contents of soft copy and hard copy are one and the same.
- Covering letter to the Officials.
- Requisite fee towards publication charges.
- Photo I.D. Proofs of father or mother or guardian and also minor.
1) He / She is required to advertise regarding change of name in one of the leading local daily newspapers mentioning father’s or husband’s name along with residential address and the original newspaper containing the publication should be enclosed along with the application.
2) She has to execute an Undertaking Affidavit on a non-judicial stamp paper worth Rs.10/- regarding change of his / her name duly mentioning the present name and the proposed new name. This affidavit should be signed by him / her and notarized.
3) Printing matter as per the Proforma prescribed, duly signed by the applicant and also two witnesses, in duplicate.
3) For Change of Name after divorce, the woman has to enclose the divorce decree copy.
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