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Indian Law/change in surname for education after marriage.


QUESTION: A lady named N Kumari before marriage has the same name written on matric and intermediate certificates.
however after marriage she continued her education and passed graduation with new surname as N Singh, the change in surname was entertained with just an application to the college.

now her employer is raising objection for change in surname.
she had not even used any affidavit that time.

now whats the solution pls guide.

ANSWER: Please advise her to immediately apply for name change by following the procedure given below;
NOTICE FOR advertisement by individual in the Gazette of India Part-IV regarding
Change of Name, addition or deletion of surname etc.
The person attaining the age of 18 yrs. and above who wishes to get his/her
change of name published in the Gazette of India Part-IV has to comply with the
following formalities prior to publish of such advertisement.
1. Please advertise change of name in one of the daily local leading newspaper
stating therein father’s/Husband’s name along with residential address and
forward it in original to this Department.
2. Please submit an original affidavit duly attested by first class
Magistrate/Notary/Oath Commissioner showing therein full details of
father’s/husband’s name along with residential address before taking oath in the
affidavit . In case of individuals working with Central Govt. they may submit
deed for change of name in accordance with the Ministry of Home Affairs O.M.
No. - 190016/1/87-Estt. dated 12.03.1987. Specimen is attached. In case of
Indians, living abroad, he/she will submit deed duly attested by the
respective Indian Embassy/Indian High Commission, in original to this
3. Please submit printing matter as prescribed in the attached specimen duly
completed in all respects by typing the same on a separate plain paper and
signed by the individual in his/her old name, with two witnesses in duplicate.
The Proforma must be typed.
4. Please attach two passport size photographs and come personally or else the case
can be sent by registered post with photographs duly attested.
5. The printing charges for publication of change of name Rs. 700/- only. However
in case of public notice Rs. 900/- would be charged. The amount will have to be
submitted or remitted in advance in cash or by Demand Draft/India Postal Order
drawn in favour of Controller of Publication, Department of Publication,
Civil Lines, Delhi-54. The extra copies of the Gazette can be supplied to the
extent of 2 on additional payment of Rs. - 35/- per copy. The charges in cash can
also be deposited alongwith, aforesaid documents in our Department. The cost of
advertising of change of name in the Gazette of India for Indian living abroad is
Rs. - 2300/- which includes air mail charges also.
6. All the aforesaid document, printing charges together with forwarding letter
addressed to The controller of Publication, Department of Publication, Civil
Lines, Delhi-54. should be sent to this Department. The documents must not be
old beyond the period of one year.
7. The documents once submitted in this Department will not be returned in any
circumstances, neither original nor Xerox copy.
8. Visiting hrs. to the public in this regard is 10.00 am to 1.00 pm and 2.00 pm to
3.00pm on any working day.
9. (A) If the individual adopts the name of other religion and not change his/her
religion, he/she must produce an affidavit duly signed by the SDM that
he/she not changed his/her religion. The cost of such type of advertisement
will be Rs. 900/-
(B) Such type of matter for change of Religion must also be shown in the
newspaper as well as in the prescribed Performa.
I hitherto known as………………………………. Son /Daughter/Wife
of………………………………………………………………. employed
as …………………………………………………………………residing
changed my name and shall hereafter be known as …………………
It is certified that I have complied with other legal requirements in
this connection.
Signature (in existing old name)
Witness No. 1
Signature Full Name
Witness No.
She should take above actions in consultation with a lawyer.

---------- FOLLOW-UP ----------

what you answered is the process to change name.
but my question is her surname in matric and intermediate certificates varies with her surname in graduation certificate, as she did her graduation after marriage with her husbands surname. she was not objected for the same while issuing her graduation degree.

now her employers are raising question as how can ur name be changed, and both ur certicates do not tally , so they are threatening to withheold her salary.

As per our custom,a femal after marriage normally uses the surname of her husbandAccordingly, in this case,the lady referred by you has rightly used the surname of her husband after marriage.It is legally valid in our country.Mere submission of a declaration supported by her wedding invition card should be sufficient to prove about change in her surname.Further, if she has changed her surname in her bank A/c after marriage,then latest Bank Statement duly attested by the Bank Managercould also be a sufficient evidence for the purpose.Moreover, in our country marriage registration has now become obligatory.It involves very little expenditure and its a very simple procedure.
On the basis of above documents, if she submits a fresh declaration to her employer, they are legally bound to accept it.She can settle the above problem in consultation with her HR Dept.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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