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Father can’t force Child to use his Surname: High Court of Delhi

Team SoOLEGAL 7 Aug 2021 3:34pm

Father can’t force Child to use his Surname: High Court of Delhi

The High Court of Delhi ruled on Friday, i.e., 06.08.2021 that every child has the right to use his or her mother's surname, and that a father cannot impose his will in this matter.

“A father does not have the right to tell his daughter that she must use his surname solely. What is your concern if the minor daughter is happy with her surname?” the Court observed.  It was hearing a petition from the father of a minor girl asking for directions to authorities so that his surname, not her mother's, would appear on the daughter's identification documents.

Justice Rekha Palli refused to grant any relief and questioned why the father had petitioned the Court for such a direction.

The Court stated that every child has the right to use his or her mother's surname, and that courts cannot intervene in such cases to impose the father's will on a child against his or her desire. During the hearing, the man's lawyer claimed that his daughter was a minor who couldn't make such decisions on her own, and that his estranged wife changed the child's surname.

He said that because the insurance was acquired in the name of the girl with her father's surname, the change in name would make it extremely difficult to obtain insurance claims from the insurance company. The court, however, dismissed these as apprehensions and termed the plea as "misconceived." However, the petition was dismissed, permitting the man to approach his daughter's school and have his name recorded as the father in the school records.



Tagged: High Court of Delhi   Justice Rekha Palli  
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