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In a plea by husband seeking directions to reflect his name as minor’s surname, Delhi High Court orally remarked, Every Child has a Right to use Mother’s surname – A father does not own his daughter that she should use only his surname.

Disposing the petition on lack of merits, Justice Rekha Palli said to the Minor’s father,

“If the child is happy with her surname, what is your problem?”

It was submitted that the wife had purposely changed the daughter’s surname and that such practice would go on to hamper her prospects in availing insurance claim, etc. as the policy was taken in the minor’s name with her father’s surname.

As per Section 6 Hindu Minority and Guardianship Act, 1956, the natural guardian of a Hindu Minor is the Father and after him, the Mother.

This, however, does not preclude any child to use surname, first name of his/her/their Mother.

In Gita Hariharan v. RBI, (1999) 2 SCC 228, Supreme Court held that “after” occurring in S.6 of the Act, is to be construed in a liberal way as in the matters of custody principle of “best interest of Child” is applied by the Court.

It was the 257^th Report of Law Commission on ‘Reforms in Guardianship and Custody Laws in India’ where amendment to Section 6 was recommended, in order to bring it in tune with tenets of Equality under the Constitution.

Case Title: Vindhya Saxena v. East Delhi Municipal Corporation