Child has right to use mother's surname: High Court

Justice Palli said that it is unfortunate to see that the parties are bringing suit to this aspect

Every child across the nation has the freedom and right to use his or her mother’s surname and a father can’t interrupt the terms, the Delhi high court observed on Friday.


The court while hearing a petition of a minor girl’s father who seeks direction to the authorities to reflect his name as his daughter’s surname in the documents and not otherwise.


Justice Rekha Palli said that father is not the one who owns the daughter to dictate that she should use only his surname.


The judge remarked, "If the minor daughter is happy with her surname, what is your problem?” and added that it is unfortunate to see that the parents are bringing suit to this aspect.


Justice Palli said, “I see no merit in the present writ petition." She further added that the apprehension that the LIC policy will be dishonoured is wholly misconceived.


The judge also says that it is man's attempt to somehow settle scores with his estranged wife while refusing to pass any order.


During the hearing in Delhi HC, the man’s counsel submitted that his daughter is a minor and cannot take decisions on such issues of her own, and also claims that the surname was changed by his alienated wife.


The father of the child claimed that the change in surname will make it difficult to claim insurance policy as his estranged wife had changed the surname from Shrivastava to Saxena.


The high court declined to allow the petition and noted that even the birth certificate which was issued by the East Delhi Municipal Corporation (EDMC) will also have both the names.


Justice Rekha Palli rejected the petition in Delhi HC with a liberty to the man to approach his daughter’s school to show his name as the father.

India Scanner News Network

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