Legal Question in Family Law in India

Dear All,

I have been married since the last one year & my wife delivered a son last month. Due to official work, I was not there during the delivery in India. My wife & I differ on a lot of issues & we keep having quite a lot of arguments.

I have been financially supporting her in everything even before we got married & still continue to do so along with the baby�s expenses. I plan to travel to India in September 2015 when my son will be 6 months old.

The contention between us now is over the child�s surname. My wife never changed her surname after marriage & I never insisted on that. My wife is insisting now that she will go ahead & give the child her surname ONLY.

My queries to the legal brains here are:

1) Is it allowed by Indian law to give the child his mother�s surname without the father�s consent in a marriage?

2) If yes, can this be a ground for me to seek a divorce from her?

I suggested to let the child just have his first name now till he turns 18 & then let him decide for himself. Unfortunately, that is not cutting any ice with her.

I am helpless now because of my physical absence & therefore thought of posting my query here.

Look forward to your response on this.

Regards


Asked on 4/13/15, 5:42 am

1 Answer from Attorneys
prasad patil

Dear client yr wife cannot give her surname to child without yr consent. Also if she want to to this she have to take first divorce and permanent custody of child. For any legal help call me on 9422611385 or 8446247807

Adv prasad patil

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Answered on 4/13/15, 5:55 am


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