In our patriarchal society, it is given that a child will take the father’s last name as surname and a married woman will take her husband’s surname. Hence, it is quite uncommon for a child to take their mother’s surname or a husband to take his wife’s last name. Thanks to some inspiring and progressive souls, things are changing and so is the society’s outlook.
Recently, Delhi High Court rejected the plea of a father who wanted her minor daughter to take his last name instead of her mother’s. As per Hindustan Times, the court mentioned that the father does not “own the daughter”. Hence, he has no right to dictate whose surname she should take. A child has the right to the mother’s name.
While making the progressive judgments, 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? It is upon the will of a child to choose her/his surname.”
According to Live Law, a father wanted the use of his name as his daughter’s surname in documents and not that of the mother. So, he filed the petition in the court. The father tried to reason to the court that since the child was a minor, she couldn’t decide for herself. He further added that since he was her “natural guardian”, he should take decisions on her behalf. He also mentioned that it would be difficult for the child to make insurance claims and other benefits if she doesn’t have his surname.
The father filed this petition after the minor’s mother changed her last name from Shrivastava to Saxena. The court rejected his plea because it saw no “merit” in the case.
We are celebrating the Delhi Court’s progressive statement. Do let us know what you think!