India / Child's right to use mother's surname, father can't force to use his surname: HC

New Delhi: The Delhi High Court Friday observed that every child has a right to use their mother’s surname and the father does not own the child to dictate that she should use only his surname, while hearing a petition moved by a man against his estranged wife’s decision to change their daughter’s name.

“If the minor girl is happy with her name, who are you now to say? You are not taking care of her. You are not living with her,” Justice Rekha Palli told the father.

The court said it was “highly unfortunate” that the parties were litigating on such an issue. “You both will both fight and decide for her,” it asked.

After perusing the birth certificate issued by the East Delhi Municipal Corporation to the minor, the court said that the father’s apprehension that the Life Insurance Corporation (LIC) Policy may not be honoured due to the name change “is wholly misconceived and is only an attempt to somehow settle his scores with his estranged wife”.

However, the court said that the grievance that the father’s name was not being shown in the school records “appears to have some merit”. It added that it would be open for him to move an appropriate application before the school which will ensure that his name is also included in the records.

“In case there is any surviving grievance on this aspect, it will open for the petitioner to move an appropriate application before the family court which will be considered expeditiously.” the bench added.