Wife's maiden name to be changed post marriage
What is the section and sub-section in which women cannot be forced to change her maiden name after marriage. Is she in compulsion to change her name and take husband's name.
There is no compulsion under any law in India for a woman to change her surnmae after marriage. No personal law or the Special Marriage Act requires that the wife needs to change her name after marriage. Under the Special Marriage Act, 1954, a woman is allowed to retain her religion as well as her caste after her marriage.
The general misconception on the issue has been with respect to the notification of the Government (Read http://timesofindia.indiatimes.com/india/Now-women-can-retain-their-maiden-name/articleshow/12037930.cms). The notification meant that a woman need not submit her marriage certificate or divorce certificate for the process of getting a passport. This was doen to simplify the process and allows the option to women to completely omit their husband's name in the process and use their parent's name instead. This has nothing to do with the name of the passport holder and a woman has complere freedom to use her maiden name in the passport.
Research - Saumya
As far as the legal stance on this query is concerned – is none. Meaning thereby, that there is no specific provision claiming or necessitating name change. It is left at the sweet will and choice of the woman to do so. She “may” change it and not “shall” change it. There is strictly no compulsion on the woman to change her name and take husband’s surname instead. If the woman chooses to continue using her maiden name, she is very well allowed to do so – without following any legal procedure. However, if she chooses otherwise – she needs to follow a legal procedure of making an affidavit etc. to change her maiden to her husband’s name.
There is no such express law on this, in the country. Rather, it is a part of our customs and daily practices.
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