Legal Question in Family Law in India

I had gotten divorced and with mutual consent have the legal custody of my son with my ex having visiting rights to meet him.

Now I am remarried for 2+ years and my husband takes care of financial & moral needs of my son. We now want to change my son's surname to my husband's in school & passport. Currently his surname is of my maiden name.

Please help me with the process.

Thanks.


Asked on 5/15/13, 2:51 am

3 Answers from Attorneys

Mukesh Ralhan RALHANS - Immigration & Overseas Affairs Law Group

Dear Client,

No change in name allowed till child leaves school

If you want to change the name of your child, it is not allowed by the Central Board of Secondary Education. Not till the child leaves school. Hitherto, the board allowed parents to change the name of their child and effect it accordingly in the school records provided the parents got the courts' approval.

According to the rule, this clause has been deleted and no school will permit a change/correction, addition or deletion in name/surname once it's recorded during admission.

However, the board has allowed correction in spelling errors, factual typographical errors in the child's/father/mother/guardian's names to make it consistent with the school records. YOU MAY BE ABLE TO RECORD FATHER'S NAME (NEW) IN SCHOOL RECORDS.

"In no case correction shall include alteration, addition/deletion to make it different from the school records," the CBSE circular said. Making it tougher for parents to get the names of their child even corrected in the school records, the board has said application for correction in name/surname will be considered only within 10 years from the date of declaration of results of the academic year that the student is/was studying at the time of applying.

At present, applications were considered within two years.

The board has its own arguments. With lakhs of students spread across the country, it is difficult for the board to keep tab of the name change of students as it will add to confusion, especially during examination time.

Since issue of passport is based on Birth Certificate or School Certificate, the same name will have to continue in the Passport as well.

Best Wishes,

MUKESH RALHAN, ADVOCATE

Read more
Answered on 5/15/13, 3:30 am


Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

If your husband is willing to adopt your son, with the prior written consent of your former husband (i.e. biological father of the child), you may change his name give him last name of your current husband.

Read more
Answered on 5/15/13, 10:59 am
Jayesh Desai Jayesh Desai

I concur with Mr. Goel.

Read more
Answered on 5/22/13, 7:01 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India