Delhi High Court Says Every Child Has The Right To Use Their Mother's Surname

Right To Use Mother's Surname: The Delhi High on Friday observed that a father does not own the right to dictate terms to his daughter and every child can rightfully use their mother's surname if they wish.

The court's directive came during a hearing of a petition filed by a minor girl's father who sought permission to put his name as his daughter's surname in the documents and not her mother's name.

Justice Rekha Palli declined the plea and refused to give such a direction. She said that a father does not own the daughter. The justice ruled that the minor girl can use her mother's surname if she wishes to. Justice Palli asked, " If the minor daughter is happy with her surname, what is your problem?"

The High Court stated that every child has the right to use his/her mother's surname if he/she wishes to.

The concerned father's representative argued in court that his daughter is a minor hence she cannot take such decisions on her own. The man's counsel said that his daughter's surname was changed by his estranged wife.

He claimed that since his daughter's surname does not reflect his name, it will become difficult to avail insurance claims. The man's counsel said that the insurance policy was taken in the name of the minor girl with her father's surname.

The court issued the directive that the man can approach the minor girl's school to show his name as the father.

This judgement comes after Kerala High Court's two landmark judgements given out earlier this week. While hearing a plea submitted by a man convicted for the rape of a minor girl, the Kerala HC ruled that any sort of non-penetrative sexual act without consent is termed as rape.

The man had argued in front of the court whether his act of rubbing his penis between the rape survivor's thigh gap can count as rape. Read more here.

The Kerala HC on Friday ruled that marital rape can count as the ground for divorce. The Division Bench headed by A Muhamed Mustaque and Justice Kauser Edappagath observed, "merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognising the same as a form of cruelty to grant a divorce. We, therefore, are of the view that marital rape is a good ground to claim divorce." Read more here.