ST certificate ST certificate

2 months ago

1. The father has remarried after abandoning wife and children for 5 years.
2. ⁠The mother is ST, father is general. The daughters have the father’s surname.
3. ⁠Can the mother remove the father’s surname on their daughters’ names?
4. What is the safest & easiest way to do it?

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
In a situation where the mother has the sole physical custody of the child wherein, she has not remarried and the paternal rights remain unclaimed, then the mother is vested with the right to change the last name/surname of the child without seeking approval from the separated spouse. The procedure to Change the Name and Surname of the Child involves swearing of an Affidavit before the First Class Judicial Magistrate or Executive Magistrate, advertising in newspapers and notification in the Gazette of India. Reach out to an Advocate for guidance and steps.
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