The child has the right to use his mother’s last name: HC

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The Delhi High Court observed on Friday that every child has the right to use their mother’s surname if they wish.

Judge Rekha Palli made the observation during the hearing of a petition from the father of an underage girl asking the authorities to put her last name on her daughter’s documents and not on her mother’s..

“A father does not own the daughter to dictate that she should use only her last name. If the underage girl is happy with her last name, what’s your problem? Said Justice Palli, while refusing to give any direction to the father’s plea.

Lawyer Anuj Kumar Ranjan, representing the man, argued that his client’s daughter is six years old and that she cannot decide these matters on her own. Mr Ranjan claimed that the child’s last name had been changed by his client’s ex-wife.

The lawyer claimed that the child’s last name had been changed on the birth certificate under the pretext of a spelling correction. This was in violation of the provisions of Article 11 of Delhi’s Birth and Death Registration Rules, the lawyer said.

Mr Ranjan further alleged that his client’s daughter’s name had also been fraudulently changed on his Aadhaar card. The name change will make it difficult to get insurance claims because the policy was taken out in the name of the daughter of her father’s last name, he said.

The High Court, however, ruled on the petition with the freedom for the man to approach his daughter’s school to show his name as a father.


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