Child has a right to use mother’s surname, father cannot dictate choice: High Court

New Delhi: The Delhi High Court, while hearing a plea by a minor girl’s father, said that every child has the right to use his or her mother’s surname, and the father can’t dictate the terms for the same. The High Court’s judgment came after a plea by a man where he tried to seek direction from the authorities to reflect his name as his daughter’s surname in the documents and not otherwise.

Justice Rekha Palli said, “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?” Further, she added that it is really ‘unfortunate’ that the two parties are litigating this aspect. “I see no merit in the present writ petition.

The apprehension that the LIC (policy) will be dishonoured is wholly misconceived and is an attempt to somehow settle scores with his estranged wife,” she said, refusing to pass any order. During the hearing, the man’s counsel argued that the girl is a minor and cannot decide on such issues by herself. He claimed that his estranged wife changed the surname.

The surname was changed from Shrivastava to Saxena by his wife, which has brought up issues with the LIC policy. The insurance was registered under the daughter’s name with her father’s surname. The man’s counsel claims the change in surname will make it tough for the girl to claim insurance.

The court declined the plea and noted even the birth certificate on August 10, 2018, issued by the East Delhi Municipal Corporation (EDMC), would have both names. The judge disposed of the plea giving the man the right to approach his daughter’s school to show his name as the father.