Restriction On Women For Change Of Surname Challenged In Delhi HC

Delhi High Court issued notice in a plea challenging notification which poses obstacles for woman who wishes to change her surname.

Bench comprising Acting Chief Justice of High Court Justice Manmohan Singh and Justice Manmeet Pitam Singh Arora has issued notice to the Union of India, returnable on 28 May 2024.

A writ petition was filed by Divya Modi, daughter of B. K. Modi challenging the notification issued by the Ministry Housing and Urban Affairs, relating to use of maiden name by married women. The alleged notification mandates that if a married woman, wishes to obtain a maiden surname, she will have to submit a company of decree of divorce or a NOC certificate from her husband, that he has no objection if she uses maiden surname, and has to submit copy of identification proof and mobile number.

It is alleged that the said notification is violative of Article 14 of the Constitution of India, being discriminatory towards women and is also an invasion of their privacy.

Divya Modi was represented by Ruby Singh Ahuja, Senior Partner, Vishal Gehrana, Hancy Maini, Devang Kumar and Uzma Sheikh of Karanjawala & Co.