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Can a Woman Keep her Surname after Marriage?

Adopting a new surnameHistorically, the expectation and indeed the norm was that a woman would assume the husband’s surname after marriage. Women did not even think twice about assuming her husband’s surname after marriage. As times are changing keeping the maiden name hyphenated with the husband’s surname is apparently a fad. Both in same-sex and opposite-sex marriages these days there isn’t any hard and fast rule anymore that the wife must assume the surname of her husband. It’s a moot point that modern married women who may be working professionals having to change their surnames by assuming their husband’s surname. Rather keeping their surnames after marriage maybe is a practical and rational choice rather than a compulsion based on custom.Undeniably assuming the husband’s surname after marriage is indeed a lot of hassle in the sense that married women have to change their surnames on all of their government IDs including Aadhar card, PAN card, Voter ID so on and so forth which women of this day and age intend to avoid. Women could not voice their opinion probably until a few decades ago. They were more docile as men played a dominant role in society. They had to submit to the diktats of custom or tradition. With times changing though, these days both opposite-sex and same-sex marriages have several options and they are as follows:Women can assume the last name of their husbands Women can keep their maiden namesThe maiden name of a wife can be hyphenated along with the surname of the husbandA new surname that is a fusion of the surnames of both the spouses could be created and can be used by both spousesSpouses may prefer keeping their own surnames but their children’s surnames can be hyphenated The run-up to marriage is fraught with making decisions. There are numerous decisions on the anvil namely the color scheme, the food, and the venue. Decisions need to be made after the marriage as well. One of those vital decisions to be made is whether or not the woman would assume the surname of her husband or keep her maiden name after marriage. Recent reports indicate that a vast majority of brides tend to take the husband’s surname after marriage while the remaining opt to either retain their maiden name or opt to hyphenate which is the case for same-sex couples as well. A survey revealed that female couples more than their male counterparts preferred to assume the name of their male spouse after marriage.The question invariably is whether a name change is right or wrong. There isn’t a right answer working for everyone and one has to consider several aspects to assume the name of one’s partner.Name Change through Common UsageIt's entirely the discretion of the wife as to whether or not the wife would assume the surname of her husband. However, if the wife decides on changing his/her surname one can through “common usage” fairly easily. The wife historically had this option of adopting her husband’s surname.Although common usage name changes in instances of same-sex marriages, ought to be valid, however as same-sex marriage adds a relatively new dimension to marital bonding, one may have to get a name change ordered by the court.For legal validation of a name change by applying the common usage method the steps to follow are:A copy of one’s marriage certificate as proof of name changeAn updated driver’s license against a copy of one’s marriage certificateGet a new Aadhar card/PAN card/Voter ID card with one’s new surname against one’s marriage certificate, andUpdating any bank, insurance, passport, or employer records against one’s marriage certificateThis process can be completed relatively easily if the new surname after marriage reflects on one’s marriage certificate. If one already has children or having children is in the works then one might as well change one’s name so as to have a single-family name for all family members. However, if a new surname different from the surname of the other spouse is to be used by a spouse, the spouse intending a name change would have to undergo the official name change ordered by the court. If there is malafide intention of committing fraud or concealing an identity then a name change is undesirable and can be prevented in some jurisdictions.Name Change through a Court OrderA court-ordered name change in comparison with the common usage name change though is complicated is by far simpler to complete. In the vast majority of cases, a request for a name change has to be submitted along with an order proposal to be reviewed and signed by a judge.In all likelihood, a judge may set a date for the hearing of one’s case ensuring that one's request for the name change is not, in fact, a malafide intention of committing fraud.  Once the order has been received with one’s request granted, one has to undergo the common usage process for changing one’s name on one’s driver’s license, Aadhar Card, PAN Card and Voter ID card. ?Rather than provide a copy of one’s marriage certificate, submitting the certified copy of the name change court order is the requirement. If you need any professional advice, speak to an expert lawyer on a name change after marriage at Vidhikarya.

Posted By

Avik Chakravorty

1 day ago

Can a Husband get Maintenance from his Wife?

For both spouses, divorce is as stressful as its challenging. Finance among other key aspects of divorce can only be handled by an expert financial advisor for their clients. There are legal services connecting top lawyers to clients and in the process facilitate effective assistance in a wide variety of financial issues including and transcending alimony/ maintenance, financial security, asset/property distribution, child support, financial planning after divorce and the resultant tax implications.According to divorce lawyers, after divorce alimony payment to the husband by the wife is enforceable by the husband but whether or not the wife is liable to pay alimony/maintenance is for the courts to decide and accordingly take a call on granting the same. Maintenance and expenses of proceedings If it appears to the court in any proceeding u/s 24 of the Hindu Marriage Act 1955 that either the husband or the wife whatever be the case, is not financially independent enough to be self-supporting and to afford the proceeding’s necessary expenses let alone child custody after divorce, it may, contingent upon the husband or the wife applying for a divorce petition, the court orders the respondent to ensure that the petitioner gets paid on account of the expenses of the proceeding an amount commensurate with the petitioner’s own income and that of the respondent it may appear to be reasonable to the court. Permanent alimony and maintenance(1) Courts with jurisdiction according to section 25 of the Hindu Marriage Act 1955 can, while passing a decree or subsequently, on the basis of an application made to the court for permanent alimony and maintenance by either spouse, as may actually be the case, decree that the respondent pay the applicant for either spouse’s maintenance and support a gross monthly amount or an amount periodically with the term of the payment not to exceed the lifetime of the applicant commensurate with the income of the respondent and the applicant’s any other property, the parties conduct, and other situations relevant to the case, the court may deem it to be just and fair in securing similar payments if required by putting a lien on the respondent’s immoveable property.(2) The satisfaction of the Court in regards to the possible altered situation of either party after the order has been passed under sub-section (1) of section 25 of the Hindu Marriage Act 1955 is vital. The Court may still at the behest of either the husband or the wife, modify, vary, or rescind such orders according to the best judgment of the court.(3) Should the Court be satisfied with the fact that the order passed in favor of a party remarries or, if the said party happens to be the wife, who is not chaste or if the said party happens to be the husband, who may have had  an extramarital affair, the court may similarly at the behest of the other husband or the wife as the case may be, vary, modify or rescind such orders in a way the court may deem fair and just.Amongst other rights validated by divorce and matrimonial laws, the most crucial right is the right of receiving and claiming alimony or maintenance. Usually, alimony is an allowance which the husband has to pay to the wife following the orders of the court for the wife’s sustenance.   There are five distinct communities that constitute our society including Hindus, Muslims, Christians, Parsis, and Jews. The personal laws of each community are derived from customs, traditions and religious scriptures. Therefore, the purpose of a Hindu woman seeking divorce and alimony, for example, may differ from community to community. Likewise, the law on alimony and maintenance may vary as the applicable personal law keeps changing from community to community. Under the Hindu Marriage Act, 1955 for example, both spouses have a legal entitlement towards permanent alimony and maintenance. If the couple remarries though, under the Special Marriage Act 1954, it's only the wife who would be entitled to permanent alimony and maintenance. In the case of mutual consent divorce of a couple, it's for the couples to arrive at an agreement as to whether or not any alimony or maintenance payments are to be made by any of the parties. In cases of this nature, alimony/maintenance payments can go both ways; the husband to the wife as well as the wife to the husband based on how well the couples understand each other. The court’s passing of the divorce decree is based on the terms agreed-upon among couples. The decree is binding on the couple and is enforceable by a court of law.The hot topic these days regarding divorce is whether or not ex-husbands can claim maintenance from their ex-wives. It has always been the other way round. The blog talks about maintenance and expenses of proceedings as well as permanent alimony and maintenance.Get in touch with Vidhikarya Legal Services, an enabler or facilitator when it comes to connecting clients to best lawyers with huge experience in handling family and marital issues.

Posted By

Avik Chakravorty

3 days ago

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Consult Top IT Contracts Lawyers in India

Prateek Aggarwal

Advocate
Exp
Gurgaon , Haryana

Specialization

  • IT Contracts
  • Arbitration and Mediation
  • Cheque Bounce
  • Civil
  • Commercial
Basically i am into civil litigation, Arbitration, HARERA, Consumer forum, Permanent Lok Adalat and have been practicing for the last 7 years. I do recovery, cheque bouncing, arbitration, commercial dispute, MSME, Family cases, real estate, property dispute, Hindu Succession, will, Insolvency etc View Full Profile
Total Answers Given : 1

Murugesh Ramiah

Partner
Exp
Bangalore , Karnataka

Specialization

  • IT Contracts
  • Family
  • Contracts and Agreements
  • Landlord and Tenant
  • Will
Assuredjustice.com is a technology driven legal services provider. Our practice areas include Family law, Real Estate, Mergers & Acquisitions, Civil law, Corporate Law, NCLT, CAT, Consumer Courts, Labor & Employment Law, Patents, Trademarks & Intellectual Property. View Full Profile

Biswajit Das

Advocate
Exp
Nalbari , Assam

Specialization

  • IT Contracts
  • Criminal
  • Bankruptcy And Debt
  • Motor Accident
  • Landlord And Tenant
With warm Regards, I am Biswajit Das, my principal place of practice is Gauhati High Court. Practicing in the field of Criminal and Civil Law, writs, constitutional Law, service matters, company matters, Cheque bounce cases, Domestic violence matters, Bank Debts matters,MACT matters. View Full Profile
Total Answers Given : 4

Arvind Tripathi

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • IT Contracts
  • Civil
  • Criminal
  • Cheque Bounce
  • Divorce
Mr. Arvind Tripathi, Advocate is an Advocate with 30 years of experience in Civil and Criminal matters. He specializes in Service and Bail matters. He runs a Law Firm by the name of Mimansa Law Firm which is very reputed firm in the whole of Uttar Pradesh. View Full Profile
Total Answers Given : 2

Rakesh Chander Agrawal

Advocate
Exp
East Delhi , Delhi

Specialization

  • IT Contracts
  • Intellectual Property, Copyright, Patent, Trademar
  • Civil
  • Corporate and Incorporation
  • Divorce
I have a vide experience in IPR, company matters and civil disputes of nearly 30 years and our associates are based PAN India. View Full Profile
Total Answers Given : 1

Ramesh Babu Kasetty

Lawyer and Legal Consultant for Business
Exp
Hyderabad , Andhra Pradesh

Specialization

  • IT Contracts
  • Contracts and Agreements
  • Criminal
  • Civil
  • Debt And Lending Agreement
Mr. Ramesh Kasetty is a highly experience and qualified law professional. He graduated in Law from Osmania University and has enormous knowledge on Contract drafting and reviewing, Trademark Process, Litigation services, Document review, Legal Notices, Bail petitions and other court matters in India View Full Profile

radhika parulkar

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • IT Contracts
  • Civil
  • Family
  • Documentation
  • Will
An experienced lawyer with 7 years of experience in civil, family, criminal, consumer and ReRA matters. Also well versed in all kinds of documentations and agreements. Have served elite clients like bollywood celebrities. View Full Profile

Md Thajuddin

Advocate
Exp
Hyderabad , Telangana

Specialization

  • IT Contracts
  • Civil
  • Criminal
  • Child Custody
  • Commercial
My self is good person and hardworking and kind hearted one View Full Profile

ABHIJEET BRAHMADANDE

LEGAL OFFICER
Exp
Mumbai City , Maharashtra

Specialization

  • IT Contracts
  • Cyber, Internet, Information Technology
  • Administrative Law
  • Commercial
  • Employment And Labour
EXPERT IN FAMILY LAW, PARTITION, DRAFTING & VARIOUS DEEDS, CYBER LAW, IPR, CYBER CRIMINAL LAW View Full Profile

Milind Gautam

Advocate
Exp
Delhi , Delhi

Specialization

  • IT Contracts
  • Criminal
  • Corporate And Incorporation
  • Commercial
  • Contracts And Agreements
I am a lawyer with 13 years of experience in Criminal, Civil, corporate, N I Act, Matrimonial, Family and allied laws. I have been working regularly in all Delhi Courts for last 13 years. View Full Profile
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  • What is IT Contracts or E-Contracts?
  • What is the need for IT Contracts?
  • Examples of IT Contracts?
  • What is Electronic Commerce or E-Commerce?
  • How are IT contracts regularized?
  • How is IT Contracts legally recognized in India?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your IT Contracts related queries and also guide you on how to resolve this matter with ease.

About the IT Contracts


Electronic commerce has advanced and numerous issues are evacuated using web-based business which stream as a conventional data. Electronic commerce is a method for the transaction of business electronically and is related with the purchasing and offering of data, items and administrations over mechanized correspondence systems. However, it is a substantially more extensive term incorporating Electronic Data Interchange as well as different types of correspondences, for example, Electronic Mail and Electronic Bulletin Board.

E-Contracts


With the development and relentless development of e– commerce, there is a brisk height in the utilization of e-contracts. Yet, the idea of e-contract is as yet not unclouded, it faces parcel of difficulties. The law of contract in India gives a statutory acknowledgment to the basic contractual run the show. The Indian Contract Act, 1872 does not set out the rights and obligations which the law will authorize yet it manages the restricting standards, subject to which gatherings may make right and obligations for themselves.

Some of the most commonly recognised e-contracts are-

  • Shrink-wrap agreements – mostly observed in instances of software products buying. In such agreements, the opening of the software automatically enforces the terms & conditions on the software. These are accepted at the time of the installation.
  • Click-wrap agreements – these agreements refer to the web based agreements in which the consent is given by way of choosing ‘I Agree’ or ‘Ok’ and so on.
  • Browse-wrap agreements – refers to an agreement made with the intent of binding multiple parties, usually by way of acceptance for certain policies in cases of continuous use.

Regularizing and Legal Recognition of IT Contracts


In India, all the contracts are governed as per the Indian Contract Act 1872, as per which any contract in contravention to the principles mentioned in the Act are incorrect contracts. Section 4 of The Information Technology Act 2000, provided for legal recognition to electronic contracts and records formed thereby.

Electronic contracts are essentially contracts that are regulated by both the Information Technology Act 2000, and the Indian Contract Act 1872. As per the case of ‘Lalman Shukla v. Gauri Datt’, the terms of service, etc. must always be made visible and reasonably communicated to the user, therefore, a mere link to the concerned terms would not be sufficient. Section 85A of the Indian Evidence Act provides for the validity of electronic contracts. Section 10(A) of the Information Technology Act 2008 also provides for the validity of e-contracts, it states the following-

“Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.”

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