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Surname change


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PVS GiridharP.V.S. Giridhar,
Legal advisor.

PVS Giridhar Associates is a law firm with its headquarters in Chennai and branches in Hyderabad and Pondicherry. They provide legal advisory and litigation services in various fields of law, including matrimonial law, property law, contracts and corporate law. Post your queries on legal consulting here.

Name:S.M  Age:28  Gender:F  Place: Bangalore

Q:Hi, My husband and me have been married for a little more than a year now. At the time of marriage we had our marriage registered as well and hence we have a marriage certificate. However I have not changed my surname officially. I would like to what is the procedure for doing the same now. This would also mean I need to change the name in my passport. How do go about all of this?

A:There is no legal requirement to change your name after your marriage to your husband’s surname. If you wish to change your name in employment records, you merely have to show your marriage certificate and amend the records according to procedure. If you intend to use your married name in all official matters, you would have to change you name in your passport. You would need to seek an amendment of your passport. You will have to apply for amendment/new passport, and give the particulars relating to your marriage, including original marriage register extract. The original will be returned to you. You will get a new passport with your new name. both passports will have to be produced when you require a visa etc.

Name:Surrender Minda  Age:33  Gender:M  Place: 

Q:Hi, I am Indian male citizen now living and working in UK on a work permit. I married a French female citizen in France in 2000. In we visited India and got married in a Hindu ceremony. We went back to live in France where I got my Permanent residency. However, things not work out and I moved to UK in 2003 and she stayed in France. We have had no contact with each other since year; I started Divorce proceedings by filing a petition in UK. My solicitors sent the petition to my wife’s address in franc (the last address of her that I had) but it came back saying she does not live there any more. I have no clue where she is her parent etc. My solicitor advised to hire a Private Investigator to locate her and deliver the divorce papers but that is Very Expensive. What my option? I can not believe that if a person can not locate his spouse, he may not get divorced! How can I get a by default? Since I got married in France in 2000 and in India in 2001, I am assuming that I can not file a divorce India and even if I could maybe that is not the best option as I have no clue where my wife is. Many thanks for Help

A:Since your marriage took place in France, you will have to do what French law requires. The Indian ceremony does not have legal standing Private international law demands that the divorce be in accordance with French law even if the petition is filed in the UK. This is something you would have to clarify with your solicitor. . I am not competent to give you advise on French Law.  I am fairly certain that French law would permit some form of public notice, perhaps in a newspaper or other media to inform your spouse of your intention. If she fails to respond to the notice, perhaps an expart decree could be possible. I would advise you however to go by what your solicitor advises you.

Name:BSM  Age:37  Gender:M  Place:Bangalore

Q:Dear Sir, I am a regular reader of your articles and suggestions. I have completed 7 years of my marriage on 29th mar, 2007. Sir my marriage, the mental condition is becoming deteriorated. We have 5 years old daughter. For the last 4 years, we do not any physical relationship. I want to seek divorce from her and she is not accepting because of her parents; though they want, because society they are not accepting as they live in village. What is the procedure of seeking divorce and how much time does it if it is one side filing. Can you kindly suggest some good lawyers in Bangalore who can help me in this regard? Regards BSM

A:As a first step I would advise you and your wife to seek professional merit counseling to see if you can settle your differences and save your marriage. Marriage or divorce are not issues to be decided by third parties be they parents of the partners or anyone else. You would have to take the decision yourself. If you find through counseling that your marriage is not likely to work out, counseling would help you towards an amicable divorce, thereby protecting you and your child – an important consideration – from undue trauma. According to Indian law, you can seek a divorce on any of the grounds provided for divorce in the law by which your marriage was solemnized. I am not able to tell you, from reading your mail which grounds are made out. The Supreme Court has recently held that deliberately withholding sexual relations may amount to cruelty. However, from your mail, I am not able to say whether this ground is made out. I could only advise you further if I am able to have a detailed discussion with you on the issues in your marriage.
I cannot give you the name of a lawyer on this website, but if you wish me to refer someone, feel free to contact me directly.

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Responses to Surname change

  1. 1 Sakshi

    Dear Sir,

    I would like to know whether a married women can have two surnames i.e both surnames of maternal and spouse after name. Is there any law regarding it. Is there any litigations to follow to continue with both surnames. Please reply at the earliest.

    Thanking you,

    sakshi

  2. 2 priya tiwari

    hello sir,

    I am brahmin and i want to marry a guy who is panjabi is this possible that he cange his name so that i can tell my parents that he is brahmin is this possible?????

  3. 3 Arun

    Sir,
    I want to change my Surname from the existing one to a new one. As of now we don’t use any family or surname but I want to Introduce a surname so that my family will use it in future. Can you please let me know the procedure for changing the surname?

    Thanks,
    Arunkumar.

  4. 4 swapnil

    Sir,
    I wish to change my surname since the one i have is not very correct.
    I am maharashtrian and in maharashtrian surname have it’s own influence.I’m living in thane. I wish to know the procedure to change the surname.

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