Since time immemorial, it is a given that a child will take his/her father’s last name as their surname and a married woman will take her husband’s surname. It is extremely uncommon for a person to take their mother’s surname or a man to take his wife’s last name. However, times are changing and so is people’s outlook.
Delhi High Court recently rejected the plea of a father who wanted her minor daughter to take his last name instead of her mother’s. According to Hindustan Times, the court reasoned that the father does not “own the daughter” and can’t dictate whose surname she should take. A child has the right to the mother’s name, the court said.
“Every child has a right to use mother’s surname. The father does not own the daughter to dictate that she should use only his surname. If the minor daughter is happy with her surname, what is your problem?” the court asked.
The court went on to add, “It is upon the will of a child to choose her/his surname.”
According to Live Law, the case was regarding a petition filed by a father who wanted the use of his name as his daughter’s surname in documents and not that of the mother. The father tried to reason that since the child was a minor, she couldn’t decide for herself. He added that since he was her “natural guardian”, he should take decisions on her behalf. He added that it would be difficult for the child to make insurance claims and other benefits if she doesn’t have his surname.
It was brought into notice that the minor’s mother had changed her last name from Shrivastava to Saxena.
The court rejected his plea because it saw no “merit” in the case.
What do you think of Delhi Court’s hearing? Tell us.