New Delhi: A clause mandating a married woman get a no-objection certificate (NOC) from her husband to revert to her maiden surname is for notifying the husband about the change of name and avoiding any legal issues, the Centre has said.
Minister of State for Housing and Urban Affairs (MoHUA) Tokhan Sahu informed the Rajya Sabha in a written statement Monday that in 2014, the MoHUA’s publication department “comprehensively revised” the guidelines for notifying a name change in the Gazette of India for simplifying the processing of applications while keeping the “minimum essential requirement” in place.
For a name change, a person has to get the new name notified in the Gazette of India. However, for a married woman, an NOC from her husband is required, according to the Centre’s guidelines. However, there was no clarity in Sahu’s written response on when the controversial clause was introduced.
“Change in name involves a change in the identity of a person, which requires close scrutiny to minimise or avoid any possible misuse or litigation and to maintain the sanctity of gazette notifications. Minimum essential requirements have, therefore, been kept for processing the change of name applications,” Sahu said in his written response.
“The requirement of no objection from the husband for reverting to maiden surname has been specified for notifying the spouse to ascertain objections or legal consequences on account of any dispute or court decree, etc., before notifying the change of name in the Gazette of India,” he added.
Sahu was responding to Trinamool Congress leader and Rajya Sabha MP Saket Gokhale’s question on the grounds for introducing the requirement for the husband’s NOC.
In March this year, a 40-year-old Delhi-based woman filed a petition in the Delhi High Court, challenging a government notification that doesn’t allow women to change back to their maiden surname without a divorce or an NOC from the husband, with the court seeking a response from the Centre.
Earlier in August 2013, the petitioner had filed a divorce petition under the Hindu Marriage Act, 1955, before a Delhi court.
ThePrint, in March this year, reported that according to the publication department’s notification, if a married woman wants to get her maiden surname back, she has to submit a copy of a decree of divorce or her husband’s NOC.
The notification also stated that if the matter is in court, the change of name cannot be processed till the final verdict is pronounced.
(Edited by Madhurita Goswami)
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