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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

4 days 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

6 days ago

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Abhijit Banerjee

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Lawyer

Practicing Court

: Delhi

Location

: Delhi, South Delhi

State Bar Council

: Uttar Pradesh

Reviews & Ratings(View Reviews)

19 years of experience in Litigation in Supreme Court, various High Courts, NCDRC, Trial Courts, Forums and Regulatory Authorities. Have successfully handled numerous Matrimonial Disputes, Civil Cases & Criminal Cases.

Professional Summary

KEY COMPETENCES

Having hands on experience of arguing cases, case study and research, pleading and drafting of plaints, appeals, writs, counter and rejoinder affidavits. Provided legal consultancy on transaction issues and argued cases for various corporate entities in Supreme Court, various High Courts and other forums like NCDRC, State Commissions, Trial Courts, etc.

·        Divorce Laws/Matrimonial Issues.

. Cheque Bouncing Cases

. Consumer Cases

. Civil Matters

. Criminal Cases.

·        Industrial and Labour Legislations.

·        Debt recovery, banking and Negotiable Instruments.

·        Arbitration petitions.

·        Company petitions.

·        Constitutional Matters relating to 226 and 227 of Indian Constitution.

·        Transaction issues and contracts.

·        Consumer cases.

Wills and Testamentary cases

PROFESSIONAL EXPERIENCE


As a member of Supreme Court Bar Association,  Life Member of Allahabad High Court and member of U.P. Bar Association was privileged to serve various corporate clients in tenure of 18 years, in Civil Laws, Criminal Laws, Tax Laws and Corporate Laws in various judicial and quasi judicial forums.

Few of the esteemed clients are:

·        Akriti Promoters

·        Omax

·        Hindustan Aeronautics Ltd.

·        Overseas Agro Pvt. Ltd.

·        Shri Ram Industries

·        Kailash Motors

·        Saket Advertisers

·        Bank of Baroda

·        Allahabad Bank

·        ISPA Laboratories

·        Clickbrick

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Arbitration and Mediation 10 years 15 Successfull
Cheque Bounce 18 years 120 successfully completed
Civil 18 years 300 Successfully Handled at various Trial courts, High Court, and Supreme Court. Have many reported ju... Read More
Commercial 15 years 150 Handled Corporate matters, transaction issues, litigations originating from contracts. Successfully... Read More
Consumer Protection 18 years 200 At State and National Consumer Dispute Redressal Commission New Delhi.
Contracts and Agreements 15 years 100 Transaction Issues, Alternative Dispute Redressal, Arbitration and litigations originating from Cont... Read More
Divorce 18 years 200 At various levels. Successfully managed various mutual divorce.
Criminal 15 years 200 At Various levels.
Family 18 years 250 Issues related to WILL, property, partition etc.
Landlord and Tenant 18 years 200 Successfully handled cases under Rent Control and various tenency laws.
Motor Accident 18 years 250 Claim issues, enhancement of compensation etc. at various levels.

Secondary Expertise

Expertise In

Arbitration and Mediation

Experience 10 years

Number of Cases 15

Successfull

Cheque Bounce

Experience 18 years

Number of Cases 120

successfully completed

Civil

Experience 18 years

Number of Cases 300

Successfully Handled at various Trial courts, High Court, and Supreme Court. Have many reported judgements in High Court.

Commercial

Experience 15 years

Number of Cases 150

Handled Corporate matters, transaction issues, litigations originating from contracts. Successfully managed various commercial mediations also.

Consumer Protection

Experience 18 years

Number of Cases 200

At State and National Consumer Dispute Redressal Commission New Delhi.

Contracts and Agreements

Experience 15 years

Number of Cases 100

Transaction Issues, Alternative Dispute Redressal, Arbitration and litigations originating from Contracts and Agreements.

Divorce

Experience 18 years

Number of Cases 200

At various levels. Successfully managed various mutual divorce.

Criminal

Experience 15 years

Number of Cases 200

At Various levels.

Family

Experience 18 years

Number of Cases 250

Issues related to WILL, property, partition etc.

Landlord and Tenant

Experience 18 years

Number of Cases 200

Successfully handled cases under Rent Control and various tenency laws.

Motor Accident

Experience 18 years

Number of Cases 250

Claim issues, enhancement of compensation etc. at various levels.

Practicing Court Name

Delhi

Supreme Court

Delhi

High Court

Allahabad

High Court

Delhi

Family Court

Delhi

Tribunal

Delhi

Others

Educations

LL.B

University of Lucknow

Other Info

No. of juniors with me

-1

Size of my team

-1

No. of intern work per year

-1
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