Delhi HC says every child has right to use mother's surname

By Amiya Kumar Kushwaha
New Delhi [India], August 6 : Delhi High Court on Friday observed that mother's surname can be used by every child as they have a right to do so and the father cannot command the daughter that she should use only his surname.
Justice Rekha Palli's observation came while hearing a plea of a man who wants that her minor daughter should use his surname in the documents and not her mother's surname.
"A father does not own the daughter to dictate that she should use only his surname," the court said while declining to pass any direction in favour of man.
The court said that if the daughter is happy with her mother's surname, then there should be no problem.
However, the court clarified that every child has a right to use his/her mother's surname if he/she wishes to.
During the course of the hearing, the counsel appearing for the man, informed the court that his daughter's surname was changed by his estranged wife and such issues cannot be decided by his minor daughter.
The man said that the change in name of his daughter will make it difficult to avail insurance claims as the insurance policy mentions his surname with his daughter's name not his mother.
The court disposed of the petition but granted liberty to the man to approach his minor daughter's school to include his name as the father.