Are Married Women Legally Required To Change Surname? Delhi HC Challenges

The Delhi High Court challenged the centre on a notification that mandates married women to submit a copy of divorce decree or a non-objection certificate from their spouse if they wish to retain their maiden surname. The Ministry of Housing and Urban Affairs issued the notification to the petitioner, Divya Modi, stating that her spouse has to sign a NOC to confirm that he has no objection if she uses a maiden surname.

According to news agency the Press Trust of India, Modi's plea sought to quash the impugned notification, alleging that it is patently discriminatory, arbitrary, unreasonable, and violates the Petitioner's fundamental rights under Articles 14 (right to equality), 19 (freedom of speech & expression), and 21 (Protection of life and personal liberty) of the Constitution of India.

Delhi HC Challenges The Notification

Divya Modi said in the petition that the impugned notification, titled Change of Name (Major & Minor), (Change of Sex, Change of Religion, Public Notices for Correction of Name, Adoption of Child), specifically under the category 'Change of Maiden Surname, displays evident gender bias and constitutes a form of impermissible discrimination by imposing additional and disproportionate requisites exclusively on women. 

“The Impugned Notification also unreasonably curtails the freedom of expression and personal identity, particularly of women, by mandating a no objection certificate from the husband or a copy of a divorce decree,” the plea said, adding, “By subjecting women to more burdensome conditions compared to men seeking a change in name, the notification unjustly discriminates against them, thereby violating their constitutional rights."

Modi also argued that by requiring a divorce decree, the Centre is imposing an arbitrary delay and impeding the prompt exercise of a woman's right to choose to change their name under Article 21 of the Constitution of India. “This undue delay imposed by the notification's requirement, linked to the resolution of legal matters, significantly burdens individuals awaiting judicial decisions," the petitioner said.

Agreeing with the petitioner, the two-judge Delhi HC bench comprising Justice Manmohan and Justice Manmeet Pritam Singh Arora issued a notice to the Union of India through the Ministry of Housing and Urban Affairs. The further hearing is scheduled for May 28, 2024.