Sir/Madam, I am a 29 year old married woman . I hail from Chhattisgarh state and my schooling was done in Chhattisgarh state ( C.G. Board) .After marriage I relocated to West Bengal. Before marriage my full name was Sudipta GHOSH. After marriage , I have changed my surname to ROY as per my husband's surname. My marriage is registered according to HINDU marriage act. In my marriage certificate my name is mentioned as "SUDIPTA ROY nee GHOSH" . In my new voter card , PAN card ,Aadhaar card , I have changed my name as Sudipta ROY with help of marriage certificate. But all my academic documents (till date) has my maiden name . Recently , I have joined as a lecturer in a engineering college with my new name. Now, I want to pursue higher study and I seek legal advice for the followings. 1)Is marriage certificate sufficient to legalize and recognize the change of my surname (due to marriage) ? 2) If I want to pursue higher study what is correct way to write my name - The changed name (Sudipta Roy) OR the old name (Sudipta Ghosh) as per the previous academic record? 3) Do I need to change my surname in previous academic certificates issued by C.G. Board? Is it at all possible at this time? Does school board and university allow to change name due to marriage in old academic records ? 4) For Higher study If I want to go abroad with my new name ,but with academic certificates with previous surname , will it create any problem?
1. yes, your new name on the basis of marriage certificate is very much valid and will be replied upon for future communications.
2. yes ,use your new name.
3.It s absolutely not necessary at all and it is most difficult task as well.
4. It will not cause any problem. However to to remove the confusion if any you can get an affidavit done from the Magistrate which would take care of all the anomalies .
marriage certificate is sufficient to recognise change of surname after marriage
2) for pursuing higher studies write the changed name only
3) it is not necessary to change surname in previous academic certificates
4) school board will not allow change of name in old academic records as on date you were known by your old name
5) you are at liberty to go abroad with new name for higher studies . you can rely upon marriage certificate to show that name was changed after marriage
Thank you sir for clarifying all the doubts so nicely . I have some more doubts in this context. 1) In some places , I have seen it explicitly asks to write name as per educational certificates . So, there I should use my maiden name . right ? 2) Do I need to publish any news paper ad or official gazette?. I have seen some people does it for name change .
1.yES
2.Yes, if you wish but affidavit from the 1st class judicial magistrate is enough.
1) you should mention maiden name if you are required to mention name as per educational certificates
2) you can if you so desire publish name change in official gazette and 2 local newspapers
If publishing name change in official gazette and 2 local newspapers is NOT Mandatory for me, I won't do so. 1) If affidavit from the 1st class judicial magistrate is enough to take care of all the anomalies , Can you please share the format of affidavit ? 2) Will be this a joint affidavit with my husband or single affidavit ? 3) Should I fix joint photograph with my husband (like marriage certificate) on the affidavit ? 4) I presently stay in Kolkata .But my voter ID card ,Aadhaar card has Hooghly District address. Can the affidavit be sworn before 1st class magistrate in any court or High Court ? 5) Last question , will an affidavit before a notary public also work ? I remember when I joined work as lecturer the principal asked me to submit an affidavit along with marriage certificate to appoint me in my new name and that time I made an affidavit following the format of passport sample affidavit before a notary public. It will be very helpful , if you can provide me a sample affidavit.
1) single affidavit has to be executed by you
2) you can enclose marriage certifcate to affidavit
3) not necessary to affix photograph
4)affdavit can be duly notarised from kolkata
5) it is not necessary to affirm affidavit before 1st class magistrate
1. Yes, ordinarily marriage certificate is sufficient to record your change of surname due to marriage. However, to be more appropriate, you can get an affidavit executed before a 1st class Judicial Magistrate affirming that after marriage you shall be known as Sudipta Roy and both Sudipta Ghosh and Sudipta Roy are the same person.
2. It is your prerogative only. You can continue to write your maiden name with Ghosh title or change it to Roy as you wish.
3. You need not and also can not change your surname in your pre-marriage academic records since you were Ghosh at that time and not Roy.
4. It is a practice and custom all over the world that women change their maiden title after marriage and take theirs husband's title. So, with your marriage certificate and the affidavit as suggested above 9if you wish to execute the said affidavit after your marriage) you shall face no problem on account of your changing your title.
1. If you are asked to write your name strictly as per your educational certificate then you should do that.
2. Publication of notice in Newspapers will be suggested if you execute the affidavit before the 1st Class Judicial Magistrate as suggested in my earlier post.
3. Such publication of notices in Newspapers are done when public are required to be notified about the change of name or title for some reason (property related or otherwise). In your case no body from the public is required to be notified for your change of title.
4. Such notification is not required to be published in official gazette.
1. There is no standard format for executing affidavit and it is drafted by the Advocate based on the requirement of the client. Contact your local Advocate for getting the said affidavit affirmed as per law.
2. No. it will be the affidavit to be executed by you only.
3. Yes, your identification proof and copy of marriage certificate will be required for the said affirmation.
4. It shall have to be executed before the magistrate of your area or Bank Shall Court.
5. To be acceptable by all authorities without any question, affidavit executed before the 1st Class judicial magistrate will be required.
1)Is marriage certificate sufficient to legalize and recognize the change of my surname (due to marriage) ?
The marriage certificate is not an authority or a blanket permission for you to change your name.
You have to follow the procedure for change of name as per law and the evidence to be attached to your certificate to make this effective.
2) If I want to pursue higher study what is correct way to write my name - The changed name (Sudipta Roy) OR the old name (Sudipta Ghosh) as per the previous academic record?
You have actually not changed your name officially or legally, hence you will not be entitled to use your new name until you change it legally following the name change procedures.
3) Do I need to change my surname in previous academic certificates issued by C.G. Board? Is it at all possible at this time? Does school board and university allow to change name due to marriage in old academic records ?
The application to change your surname in the academic certificates may not be entertained by the authorities at this stage.
4) For Higher study If I want to go abroad with my new name ,but with academic certificates with previous surname , will it create any problem?
You change your name officially and keep the record for having changed the name which will be more helpful and support to you.
1) In some places , I have seen it explicitly asks to write name as per educational certificates . So, there I should use my maiden name . right ?
If you are required to write yor name as per certificates, then you have to comply with the said requirement accordingly.
2) Do I need to publish any news paper ad or official gazette?. I have seen some people does it for name change .
Yes, that is the procedure you have to follow your name change, because even if you change your surname it is name change only.
1) If affidavit from the 1st class judicial magistrate is enough to take care of all the anomalies , Can you please share the format of affidavit ?
The publication of name change in any two leading newspaper is mandatory without which even the affidavit will not solve the purpose. The affidavit to be sworn before JMFC will not be sufficient.
The format you can get it locally.
2) Will be this a joint affidavit with my husband or single affidavit ?
No it should be an individual affidavit
3) Should I fix joint photograph with my husband (like marriage certificate) on the affidavit ?
No it is not necessary.
4) I presently stay in Kolkata .But my voter ID card ,Aadhaar card has Hooghly District address.
Address proof can be given whichever you possess.
Can the affidavit be sworn before 1st class magistrate in any court or High Court ?
The magistrate of First class is the judicial magistrate in the lower court and not in the high court.
5) Last question , will an affidavit before a notary public also work ? I remember when I joined work as lecturer the principal asked me to submit an affidavit along with marriage certificate to appoint me in my new name and that time I made an affidavit following the format of passport sample affidavit before a notary public.
The affidavit can be attested by a notary public too.
so far , from other lawyers in this portal I had learnt here that marriage certificate is sufficient to recognize change of surname after marriage and to be more appropriate, I can get an affidavit preferably executed before a 1st class Judicial Magistrate affirming that after marriage I will be known as Sudipta Roy and both Sudipta Ghosh and Sudipta Roy are the same person. But any publication in any newspaper ad and official gazette is NOT required at all for me. Three advocates Mr. Ajay Sethi (Mumbai), Devajyoti Barman(Kolkata) and Krishna Kishore Ganguly(Kolkata) have confirmed me that publication in any newspaper ad and official gazette is not required for me to change of name (surname) due to marriage. But now , I am getting a totally contradictory opinion from Mr . T Kalaiselvan(Advocate , Vellore) . According to Mr. T Kalaiselvan, "The marriage certificate is not an authority or a blanket permission for you to change your name. You have to follow the procedure for change of name as per law and the evidence to be attached to your certificate to make this effective" According to him , there is no difference between changing name due to marriage and due to other reason, He also advised to follow the same procedure like normal name change like publishing the notifications in news paper ad and official gazette. Now I am completely clueless as I have received completely contradictory opinions from different lawyers. I do not know who is correct . I seek further advise .Please help me .
The lawyers opinions are based on the experience and the interpretation of law.
You have been suggested with many options by different lawyers, you may choose whichever suits you and is more convenient.
India, being a land of diversified cultures, has one thing in common, where after marriage a women change their surnames and add their husband names. Though it is not mandatory, it is more or less like a custom that is followed. As she changes her role of life so does her name also gets changed.
The first step involves in creating an affidavit stating your details and your wish to change your name now that you are married. The affidavit will also require details like your maiden name, proposed new name, husband’s name, your address and sometimes a copy of your marriage certificate.
Once your affidavit is notarized, the most effort requiring task is done!
This is a mandatory step for Govt. employees and not so compulsory for the others. However, to be on the safer side, it’s best to execute this step. Approach the Controller of Publication of any Govt. press and they should guide you about the internal procedures. The affidavit prepared in Step 1 along with other valid ID, clippings of the newspaper ads and documents may have to be presented at this point.
The above are some of the procedures that may be followed for change of name.
1) on basis of marriage certifcate you can open bank account in your married name , obtain driving licence in married name , apply for and obtain aadhar card in your married name .
you can follow the procedure for name change in official gazette and local newspapers if you so desire
1. You are being further informed that you need not notify the public through News Papers the information about change of your title which occurred due to your marriage.
2. Had you changed your name from Sudipta Ghosh to Arundhuti Ghosh or even Arundhuti Roy you would have required to notify the change and the fact that you have already executed an affidavit to this effect before a 1st Class Judicial Magistrate.
3. In your place of employment, attaching copy of your marriage certificate is enough to officially change your title from Ghosh to Roy after marriage.