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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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Prateek Aggarwal

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Advocate

Practicing Court

: Punjab and haryana

Location

: Haryana, Gurgaon

State Bar Council

: Haryana

Reviews & Ratings(View Reviews)

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

Professional Summary

PRATEEK AGGARWAL


 

Address: B -002, Raheja Atlantis, Sector -31, Gurgaon (Haryana)

 

Telephone: 9958492083

 

E-mail: advprateekagg@gmail.com

 

Date of Birth: 27th May 1988                                                                 Nationality: Indian                                 


Enrollment No.: P/727/2012                                                                                                                                                                  

 

ADDITIONAL ACADEMIC QUALIFICATION:


1.     Undergone Workshop on “Practice of Mediation” at University of Petroleum and Energy Studies, Dehradun from 24th October to 25th October 2010.

2.     Certificate of Participation in Corporate Law from Indian Institute of Corporate Affairs completed in 2016



WORK EXPERIENCE                                                                                                                          


Ø 11 May 2015 – Till now - Presently working as an Advocate in District Court, Gurgaon and NCR in the chamber of senior advocate Mr. R. L. Aggarwal.

·        Dealt with Negotiable instrument Act, Civil Procedure Code, Property law, Societies law, arbitration, Family law, RERA, MSME, Insolvency, Companies Act, Haryana Building Code, Special Commercial Court , Arbitration Act etc.

·        Dealt with legal drafting of contract, Agreement, MOU, Pleadings, Written statement, and various other legal documents


Ø 24 February, 2015 ----- 10 May, 2015         Worked as Senior Legal Manager with Raheja Developers Ltd.

·        Dealt with real estate law, arbitration.

·        Drafted agreements

·        Assisted in preparation of cases, look after litigation work.

·        Research work on case law.

·        Assisted, review in drafting of cases.

·        Attended hearing at Delhi Arbitration Centre, Independent Arbitration, District courts, Consumer court, State Commission, High court etc.


Ø November  2014                     Worked as an Advocate in District Court, Gurgaon in the chamber of senior advocate Mr. R. L. Aggarwal.

Ø September 2014 – October 2014    Worked as an Associate in United Chambers of Law in Delhi.


·        Dealt with consumer cases on behalf of builders.

·         Research work on case law.

·        Attended hearing at District Court, Consumer Forum, High Court etc


Ø September 2013 - August 2014    Worked as an Advocate in District Court, Gurgaon (Haryana) in the chamber of senior advocate Mr. R. L. Aggarwal.

Ø June 2012 - August 2012    Worked as an Advocate in District Court, Gurgaon (Haryana) in the chamber of senior advocate Mr. R. L. Aggarwal.

Ø July 2011 -   August 2011                  Interned under senior advocate Mr H L Tiku, Supreme Court of India, New Delhi regarding research work for a period of two month.

Ø June 2010            Interned under senior advocate Mr. R. L. Aggarwal, District Court, Gurgaon                                   (Haryana) regarding litigation for a period of one month.


·      Dealing with process of summons/warrants and other court work.

·      Shadowed a Legal Advisor in Magistrates Court.

·      Observed legal argument.


Ø June 2009            Interned under Senior Advocate Mr. Shailender Jain, Punjab and Haryana High Court, Chandigarh for a period of one month.


Skills / Experience gained in the above positions

 

·      Basic understanding of Urban Development Laws.


·      Keeping Briefs/court files, costing and billing.


·      Using initiative in legal research – accessing and analyzing cases, precedents and

                practice/procedure.


·      Developing individually tailored service for clients, adapting practices using client

               feedback.


·      Non-legal temporary work including secretarial/PA support.

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Arbitration and Mediation 7 years 5 Have done arbitration for many MSME units , one of the them being Aggarwal Packers and Movers agains... Read More
Cheque Bounce 7 years 50 Have dealt with these cases from both complainant and accused side in Gurgaon and Faridabad
Civil 7 years 100 Have been dealing in civil litigation for every type of cases like recovery, execution, suit for par... Read More
Commercial 7 years 40 have reading contracts and amending them for the clients, drafting legal papers for businesses
Consumer Protection 7 years 50 Have dealt with cases relating to consumer protection in Gurgaon, Faridabad, and Delhi
Contracts and Agreements 7 years 50 Have drafted many agreement for builder, companies for collaboration, Power purchase agreement, rent... Read More
Criminal 3 years 10 dealt with case relating to cheating, fraud, for registeration of FIR through Court
Divorce 5 years 10 Dealt with both mutual divorce and consented divorce
Real Estate 7 years 50 HAve been dealing with case before RERA
Trust and Society (NGO) 7 years 50 Have been registering societies in Gurgaon and solving their issue against association and for assoc... Read More

Secondary Expertise

Expertise In

Arbitration and Mediation

Experience 7 years

Number of Cases 5

Have done arbitration for many MSME units , one of the them being Aggarwal Packers and Movers against NTPC

Cheque Bounce

Experience 7 years

Number of Cases 50

Have dealt with these cases from both complainant and accused side in Gurgaon and Faridabad

Civil

Experience 7 years

Number of Cases 100

Have been dealing in civil litigation for every type of cases like recovery, execution, suit for partition, suit for injuction, rent eviction, appeals, etc

Commercial

Experience 7 years

Number of Cases 40

have reading contracts and amending them for the clients, drafting legal papers for businesses

Consumer Protection

Experience 7 years

Number of Cases 50

Have dealt with cases relating to consumer protection in Gurgaon, Faridabad, and Delhi

Contracts and Agreements

Experience 7 years

Number of Cases 50

Have drafted many agreement for builder, companies for collaboration, Power purchase agreement, rent / lease agreement, shareholder agreement, partnership agreement etc.

Criminal

Experience 3 years

Number of Cases 10

dealt with case relating to cheating, fraud, for registeration of FIR through Court

Divorce

Experience 5 years

Number of Cases 10

Dealt with both mutual divorce and consented divorce

Real Estate

Experience 7 years

Number of Cases 50

HAve been dealing with case before RERA

Trust and Society (NGO)

Experience 7 years

Number of Cases 50

Have been registering societies in Gurgaon and solving their issue against association and for association before registrar of societies and before registrar general of socities in chandigarh

Practicing Court Name

Punjab and haryana

High Court

Delhi

High Court

Faridabad

Sessions Court

Gurugram

Sessions Court

Gurugram

District Court

Faridabad

District Court

Faridabad

Family Court

Gurugram

Family Court

Educations

LL.B

University of Petroleum and Energy studies

LL.M

Cardiff Law School

Others

Indian Institute of Corporate Affairs

Other Info

No. of juniors with me

2

Size of my team

3

No. of intern work per year

2

Other Legal Experience

Arbitration

Arbitration

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