You should apply to the DM .
Want to raise child with my own name
Dear sir and madam, I was divorced in 2019. Before and after divorce my ex husband never showed any concern about kid and on this he defame me on social network sites. I want to raise child through my name but surat municipal corporation and even banks says they require father name only.. Due to this I can't even get his essential govt docs ready kindly suggest and advice.
Asked 4 years ago in Family Law
Religion: Hindu
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16 Answers
You need to first seek for custody of child then you can decide the other aspects
You cannot change surname without biological father consent
approach your ex husband in this regard
1. Divorce terminates the legal relationship between spouses, not between parent and biological child.
2. Unless you have been declared the sole guardian of child the name of his biological father has to be incorporated on the birth certificate and also for creation of bank account.
Please file Writ Petition in High Court and get the direction to all authorities under the law to effect the changes you deserve and desired to amend the name of your child post divorce.
After the decision of the supreme court the name of father is not required either for admission in school nor in bank.
Therefore if on refusal these things don't happen then you can file writ petition against both these authorities in high court to resolve your problem.
Contact a good advocate who knows constitutional matters.
Good luck.
Have to file writ in court for directions to declare you single mother. Since father is not taking responsibility of child and almost abundon the child, you are entitle to be single mother.
Eventually in your case it is not possible I can understand that you have very bitter experience from your husband but you have to use name as father name for the child he is biological father of your child and he have all the right and you can claim the maintenance for the child in case you are not eligible for the maintenance for yourself
You can proceed where ever father name belongs to be given as your name and proceed and where ever mother name is applicable can provide your name. But there is no compulsion to give father's name now a days, there is new column of mother's name as well.
- As per the Supreme Court judgement in the matter of ABC Versus The State , AIR 2015 SC 2569, birth certificate can be issued in the name of mother after taking an Affidavit for the same , without mentioning the name of biological father.
- You can produce this judgement before the municipal corporation , and in refusal file a case before the court.
File a specific performance suit against the authorities for getting only mother's name on child documents
it is not mandatory to provide fathers name even you can mention mother name.
Madam,
After divorce and having the full custody of the child, you may raise the child as single parent. You are suggested to be strong and ask the authorities concerned to work as per the system/rule because no law says that the father's name is necessary if the father is not at all attached or not willing to share any responsibility for the child. You are suggested to be a bit logical and argumental with the sole issue of the solving this problem and just ask "what happens when a child is adopted by single male or female. That child is also treated as good as the biological child of that parents, In the present case also, you are the single parent and you must get the right to raise the child as single parent.
The local civic body and the bank may be reluctant to entertain request.
You don't get dejected by their decision.
You can apply for it in writing and get their reply rejecting your request in writing.
After that you may file a suit seeking to direct the bank manager as well as local civic body to entertain your request to retain only your name to your child.
It is not against law.
It is very well legally maintainable hence you can establish your rights through court.
1. You can give your name as single mother of your child and no department can force you to give father name for documents of your child.
2. You can file a petition before civil court for granting you legal custody of your child and giving mandatory directions to various departments to issue certificate of child with name of mother as guardian of child.
This is absurd. A single mother can raise a child on her own and give him her name. The institutions doing this are in violation of the law and a legal notice must be sent to them.
Otherwise file a writ petition in the high court.
