Can mother change child’s name without father’s consent legally?
If a woman changes the name and surname of her child without the father's knowledge or consent, while the marriage has not been dissolved and proceedings under Section 125 CrPC are still ongoing, and the child was receiving maintenance through a bank account in the original name (as per the court order), and the father discovers after 10 years that the mother has been using two different names for the child (one in court and another in school/official documents), under which legal provisions or Acts can the father approach the court for legal remedy?
Dear Client, The following are the legal provisions that you may rely on when taking legal action against the wife who has done so, Section 6 of the Hindu Minority and Guardianship Act, 1956 recognizes the father as the natural guardian of a child. Hence, any unilateral changing of the child’s name without obtaining the consent of the father(guardian) would be deemed unlawful. You may file a declaratory suit under Section 34 of the specific relief Act, requesting a declaration of the Child’s real name. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
You can approach the family court or civil court under Guardians and Wards Act. Since the child’s name was changed without your consent while maintenance was ongoing, you can challenge the name change and misuse in official records. This may amount to fraud or misrepresentation. For further legal assistance contact us on our helpline number.
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