Nithyakalyani Narayanan. V
The Delhi High Court has sent out a notice in response to a plea contesting the government’s announcement allowing a woman to keep her maiden surname after marriage.
In her suit, Divya Modi claimed that the notification’s imposition of extra and excessive requirements solely on women constituted gender prejudice and “impermissible discrimination”. She argued in her court appearance that the contested notice prevented her from taking back her maiden surname.
Once married, Divya changed her name to Divya Modi Tongya and later began a legal battle with her spouse for their divorce.
According to the plea, the notification’s requirement for a copy of the divorce decision or a No Objection Certificate (NOC) from the husband unfairly restricts women’s and their friends’ freedoms of speech and identification. It has been argued that the contested notification violates the natural justice principles and violates people’s autonomy and freedom of expression, as well as fundamental rights protected by Articles 14, 19(1)(a) and 21 of the Indian Constitution, by requiring extra paperwork and approvals.
There was an argument made that the imposition creates needless obstacles for people to exercise their constitutionally guaranteed freedom to select their name. The suit further states that the demand for divorce-related papers or an NOC from the husband creates arbitrary barriers that unduly burden divorced women.
Notification from the Government
As per a statement from the Union Ministry of Housing and Urban Affairs, a married woman seeking to adopt her maiden surname must provide proof of her divorce decree or a letter from her husband stating that he has no objections to her using her maiden surname.
According to the notification, if the case is pending in court, the applicant’s name cannot be changed until the judgment is rendered.
Through Karanjawala & Co., the petition was submitted. Advocates Ruby Singh Ahuja, Vishal Gehrana, Hancy Maini, Devang Kumar, and Uzma Sheikh represented the petitioner.
Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora’s division bench scheduled a hearing for May 28 and requested a response from the Union of India.
Name of the case: Divya Modi Tongya v. Union of India W.P.(C) 3028/2024
Bench: Acting Chief Justice and Justice Manmeet Pritam Singh Arora.