Woman can't use husband's name after divorce: Supreme Court
A Mumbai resident, 53-yr-old Dinesh Patil, fought a legal battle all the way to the Supreme Court.
MUMBAI: "Must a name mean something?" asks Alice as she travels through Wonderland while William Shakespearefamously asked "What's in a name?" To a Mumbai resident it definitely meant something as he fought a legal battle all the way to the Supreme Court to stop his ex-wife from using his surname. Fifty-three-year-old Dinesh Patil, an assistant police inspector with the Mumbai police, finally won the battle with the apex court recently dismissing an application by his former wife Nisha (34) to continue using her ex-husband's name after their divorce. "We are not inclined to interfere with the impugned order (passed by the Bombay High Court and family court)," said the apex court.
"There is no law governing the issue," said advocate R T Lalwani who represented Patil in the high court and family court. "The SC order can be cited as a precedent for any man who objects to his former wife whom he has divorced from continuing to use his surname."
"A woman acquires her matrimonial surname by virtue of her marriage. When the marriage is dissolved, the man definitely has the right to take recourse to the law to restrain his former wife from using his name," added Lalwani
"There is no law governing the issue," said advocate R T Lalwani who represented Patil in the high court and family court. "The SC order can be cited as a precedent for any man who objects to his former wife whom he has divorced from continuing to use his surname."
"A woman acquires her matrimonial surname by virtue of her marriage. When the marriage is dissolved, the man definitely has the right to take recourse to the law to restrain his former wife from using his name," added Lalwani
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