• Name change on marriage certificate

Hello, 

My maiden name is Nandita Pathania and after my marriage the Marriage Certificate has the name Nandita Patel. I wish to keep my Maiden name in my marriage certificate. The marriage was registered in 2014 in Delhi. Could you please guide me what will be the process and also if the presence my husband is required for this process as he is not in India? I wish to apply for dependent Visa, but since my passport holds my Maiden name and Marriage certificate has my changed name the Visa office is creating an issue.
Asked 5 years ago in Civil Law

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15 Answers

Dear

There is no provision for change in marriage certificate. 

You can make an Affidavit of Name declaration and get it attested by Executive Magistrate and submit the affidavit in visa office.

If this doesn't help you then you have to file a suit for mandatory injunction against registrar of marriage for change in marriage certificate.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

The name on the marriage certificate cannot be changed without decree of declaration by civil Court authorising for such name change.

Alternatively, you can execute in affidavit stating that both the names are of the same person and get It attested by executive magistrate. 

Siddharth Jain
Advocate, New Delhi
6375 Answers
102 Consultations

It can be done over an affidavit before the first class judicial magistrate over an application and thereafter with the order of court and newspaper publication you can change your name with the respective authorities. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

You need to apply the same through Gazette notification and do deed poll affidavit. Also need to do news paper publication. 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

Getting name changed in passport would be easier for you.

Siddharth Jain
Advocate, New Delhi
6375 Answers
102 Consultations

You must include a certified copy of the legal document that verifies your name change.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

You can try to change the name in passport by providing marriage certificate and affidavit. But it's not mandatory to change the same. You can retain your earlier name and travel

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

For change of name in marriage certificate application has to be submitted by both parties supported by affidavit 

 

2) husband presence would be required 

 

3) better option is to change name in passport to married name 

 

4) enclose copy of your marriage certificate 

Ajay Sethi
Advocate, Mumbai
96923 Answers
7820 Consultations

Apply for reissue of passport 

 

2) enclose copy of your marriage certificate 

 

3) babe change in passport is easier 

 

4) you don’t need gazette notification and affidavit 

Ajay Sethi
Advocate, Mumbai
96923 Answers
7820 Consultations

In case of name change in passport you just need to attach your marriage certificate and add name of spouse in the passport and nothing else is needed.

Rushabh Ramaswamy
Advocate, Mumbai
4 Answers

Name change discrepancy can be avoided by submitting affidavit or change the name in PP, easy process, Not possible in MC,

Marriage certificate along with affidavit for change of name will suffice to replace name in PP.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

You can apply for reissue of passport and you name after marriage can be updated by providing marriage certificate.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Yes they will change your name. 

Even if they will not change then file a suit in court and court will give direction to them to change name

Tarun Budhiraja
Advocate, Rohtak
379 Answers

The name in the marriage certificate cannot be changed at this stage.

You should know that the name in the marriage certificate cannot be changed automatically from maiden to post marriage name, it was given by you in that name hence the changes in that.

Now you can prepare an affidavit stating that both the  names are one and the same and you are known by both the names.

This  affidavit can be kept with other documents while applying for visa to go to abroad to prove that you are known by both the names and to solve the visa problems.

 

 

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

For change of name in the passport you may have to produce the copy of the gazette publication to authenticate the name change.

Instead of undergoing a cumbersome process you can just make an affidavit as suggested which will solve the issue.

 

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

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