Delhi High Court Issues Notice On Plea Challenging Centre's Notification Imposing Conditions On Married Women For Using Maiden Surname

The Delhi High Court on Thursday issued notice on a plea challenging Union Government's notification for obtaining maiden surname alleging gender bias and an “impermissible discrimination” by imposing additional and disproportionate requisites exclusively on women.

The notification, issued by Union Ministry of Housing and Urban Affairs, states that if a married woman wishes to obtain a maiden surname, she will have to submit a copy of decree of divorce or a NOC from her husband, that he has no objection if she uses maiden surname.

As per the notification, if the matter is in the court of law, change of name of the applicant cannot be processed till pronouncement of final verdict.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora sought response of the Union of India and listed the matter for hearing on May 28.

The plea has been moved by Divya Modi, who changed her name to Divya Modi Tongya after marriage, claiming that the impugned notification restricts her ability to revert to her maiden surname. She is involved in divorce proceedings with the husband.

“This notification poses an obstacle to the Petitioner's right to change her surname to her maiden surname amid ongoing divorce proceedings. Consequently, this action is violative of Article 14, 19(1)(a), and 21 of the Constitution, and is contradictory to the principles of natural justice,” the plea states.

Divya has alleged that the notification is violative of Article 14 of the Constitution of India, being discriminatory towards women and is also an invasion of their privacy.

The plea states that the notification unreasonably curtails the freedom of expression and personal identity, particularly of women, by mandating a no objection certificate from the husband or a copy of a divorce decree.

It has been submitted that by forcing additional paperwork and approvals, the impugned notification infringes upon individuals' autonomy and freedom of expression, fundamental rights safeguarded under Article 19(1)(a) of the Constitution of India.

“The imposition introduces unnecessary barriers for individuals exercising their constitutional right to choose their name. Specifically, the requirement for divorce-related documentation or an NOC from the husband creates arbitrary obstacles, unnecessarily affecting divorced women,” it adds.

The petition has been filed through Karanjawala & Co. The petitioner was represented by Advocates Ruby Singh Ahuja, Vishal Gehrana, Hancy Maini, Devang Kumar and Uzma Sheikh.

Title: DIVYA MODI TONGYA v. UNION OF INDIA