Delhi HC Issues Notice to Union Government After Hearing a Plea Against Prerequisites for Obtaining The Maiden Name for a Married Woman
Image Source: Republicworld
Yesterday, the Central government, Union Ministry of Housing & Urban Affairs, issued directions for acquiring a maiden name for married women. It stated that if a married woman wishes to obtain or reclaim her maiden surname, she will have to furnish a copy of the decree of divorce or a No Objection Certificate (NOC) as approval from her husband. It further mentioned that if the matter is sub-judice, it will not be entertained until the final verdict is out. The said notification strips women of their autonomy to choose their surname and is a redundant restriction.
The matter was heard by Justice Manmohan and Justice Manmeet Pritam Singh Arora, who contended that such a direction constitutes gender bias and partiality, signifying impermissible discrimination against women. The petitioner, named Divya Modi, changed her surname after marriage but now wishes to surrender it since she is embroiled in a divorce suit.
The plea asserts, “This notification poses an obstacle to the petitioner’s right to change her surname to her maiden surname amid an ongoing divorce proceeding. Consequently, this action is violative of Article 14, 19(1)(a), and 21 of the Constitution, and the principles of natural justice. The requirement for divorce-related documentation or an NOC from the husband creates arbitrary obstacles, unnecessarily affecting divorced women,” which amounts to unnecessary restrictions on equality, personal liberty, and freedom of speech and expression.
The Court has now sought a response to a notice from the Union government, alleging that the exclusivity of the notification is not justifiable. The case has now been scheduled to be heard on May 28.
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