The mother has the right to decide, the grandparents could not protest, understand the law related to the surname. The mother has the right to decide, the grandparents could not protest, understand the law related to the surname

17 minutes agoAuthor: Alisha Sinha

Important decision of the Supreme Court for women who marry second after the death of the first husband-

  • If this woman remarries, she can give her child the second husband’s surname.
  • It is cruel and unwise to include the second husband’s name as “stepfather” in the documents. It affects the child’s mental health and self-esteem.
  • After the father’s death, the child’s only natural guardian is the mother. Having the same last name is essential to building and maintaining a family.

What’s the whole issue?

In Andhra Pradesh, a woman remarried after the death of her husband. She wanted to give her son the second husband’s surname, but the first husband’s parents were against it. When the wife tried to change the name, the family of the first husband filed a case. The woman filed a petition in the Andhra Pradesh High Court and the court ordered that the child’s surname should not be changed and whenever the records are shown, the name of the child’s biological father should be shown. Finally the woman went to the Supreme Court. The Supreme Court set aside the decision of the Andhra Pradesh High Court.

This is a children’s theme. That’s why today in need news, first of all we will talk about child related surname law in India-

Question- Do you understand what a surname is?
answer-
After the name, the clan, caste, gotra or family name is called surname. There is no hidden science behind Indian surnames. Here surnames are mostly written in 6 ways:

  • surname made after a caste
  • surname based on clan
  • surname made after a sage
  • surname
  • name of a place
  • Surname made in the name of a company

Legal rights related to the child’s surname

Question- Husband and wife live together and the child is born, can he get the mother’s last name?
answer-
Yes, he can get the mother’s last name, but if both parents give consent, only the child can get his mother’s last name.

Question: If the husband and wife divorce and the biological father is alive, whose surname will the child have?
answer-
After the divorce, if the court decides that custody of the child will remain in the hands of the mother, then the mother cannot give the child her own surname unless the father has consented. In other words, the father should not oppose it.

Question- What surname will a child born in a cohabitation relationship have?
answer-
The surname can only be decided with the consent of both biological parents of the child born from a cohabiting relationship. Socially, the child receives the father’s surname.

Question- What surname can be given to the child of a widowed woman?
answer-
If the woman is a widow, she can give her surname to the child of her own free will. No one will have the right to oppose it. As recently the Supreme Court has made it very clear in its order that the mother is the biological parent after the father. Therefore, the widowed woman can give her surname to her child, and at the same time, what the child’s surname will be, she can also decide herself.

After reading the above case, it is clear that now after the death of the biological father, the mother marries for the second time, then she can give the stepfather’s surname to the child as per her wish.

Now let’s talk about the legal rights related to the surname of women after marriage. For this, read the charts below:

Question- If women do not change their surname after marriage, what is necessary for them to do?
answer-
Make sure to register the marriage. There are 2 laws in India for this. You can register your marriage through either of you.

  • First, the Hindu Marriage Act, 1955
  • Second, the Special Marriage Act 1954

Question- If a woman does not change her surname after marriage, will she not have any problem while traveling abroad?
answer-
In 2018, Prime Minister Narendra Modi announced during a program that women do not need to show their marriage or divorce documents for passports. They will be completely free to use their parents’ names.

know on the go

Surname traditions in different states of India-

Usually any name has two parts. First name is the name given at birth (eg Narendra), Surname (ie last name) which is available in your family (eg Modi). Boy or girl, the names of both were decided this way.

Before, after marriage, the girl’s surname was changed to that of her husband’s family instead of her father’s, but with the changing times, many women stopped changing their surname because of their background, identity and ideology. Like Anushka Sharma and Deepika Padukone, they have not changed their surnames even after marriage.

Many women have adopted a hybrid system. In which he uses the surname of the family of both the father and the husband. Com- Priyanka Gandhi Vadra, Hillary Rodham Clinton, Sonam Kapoor Ahuja. There are a few exceptions in India that do not have a surname. Com- Pran, Dharmendra, Sridevi. There is another trend in the southern states. In which women use the first letter of the father’s name instead of the first name and the original name instead of the surname. For example, J in Jayalalithaa’s name is the first letter of her father Jayaram’s name. There is another trend. In this, after marriage, women remove their surname and apply both the husband’s first and last name. How- Smriti Malhotra became Smriti Zubeen Irani after marriage.

male surname trends

There are many different types of male names and surnames. Bihar CM Nitish Kumar or Union Minister Ravi Shankar Prasad are part of it. In Bihar, surnames like Rai, Sinha, Singh are also used by more than one caste. Some experts say that during the JP movement, the practice of keeping these names started in UP and Bihar. The intention behind this was to eradicate caste discrimination. However, even after nearly 50 years, these distinctions have not disappeared.

In states like Maharashtra and Gujarat, there is also the practice of using the father’s or husband’s name between the first and last name. For example, Sachin Ramesh Tendulkar. In some places, it is also a practice to use the name of the town, district or village instead of the surname. Com- Adar Poonawalla, Shehzad Poonawalla, Paris Hilton, Brooklyn Beckham, Om Prakash Chautala. There is also a trend of these names in the country and in the world in which the surname is associated with that person’s family profession. For example, Mark Taylor, Mark Butcher.

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