Legal Question in Family Law in India
change of surname
My wife has applied for Divorce.Since from last 2 years 3 months,we have seperated.We have a son of 6 years.From seperation time he his living with me and also wants to live with me.From last 2 years My wife has changed her surname,she is using the surname before marriage, i.e maiden name or father--name removed--surname. Can this is legal? can she have rights to change her surname before Divorce.??.Can I get DIVORCE on this ground,being custody of son with me? Because Now she also wants Child--name removed--Custody also,BUT MY SON WANTS TO LIVE WITH ME.
2 Answers from Attorneys
Re: change of surname
A woman is always entitled to use her original last name i.e. her last name before marriage; there is nothing wrong or illegal about it;
This may be no ground for divorce; She may be entitled to custody of the child depending upon the situation; the court may take a decision about custody keeping in mind the "best interest" of the child.
Re: change of surname
If you both are agreed then mutual divorce could be done. Your child will live with you only because of age.
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adv.kamal.grover.gmail.com
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Good Luck.
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