Father Does Not Own Daughter; Every Child Has Right To Use Mother's Surname: Delhi High Court

The Delhi High Court on Friday observed that every child has the right to use his/her mother's surname and that the father does now own his daughter in order to dictate her to use only his surname.

The oral observation came from Justice Rekha Palli who was hearing a father's plea seeking directions to concerned authorities to reflect his name as his minor daughter's surname in place of the child's mother's name.

While declining to pass any such direction, the Court said:

"Every child has a right to use mother's surname. A father does not own his daughter to dictate that she should use only his surname."

During the course of hearing, the counsel appearing on behalf of the petitioner father however insisted on the use of his name in the documents as his daughter's surname and not the mother's. 

To this, visibly disagreeable Justice Palli remarked thus:

"Why can't she use her name? This is your mentality. I'm sorry to say this "

It was submitted on behalf of the father that since the daughter is a minor, she cannot decide such an issue on her own and that being her natural guardian, the father gets to take such decisions on her behalf.

"If the minor daughter is happy with her surname, what is your problem?" Justice Palli said at the outset.

It was submitted that the estranged wife had changed the daughter's surname. According to the petitioner, such a change in name will make it difficult for him to avail insurance claim and benefits as the policy was taken in the girl's name with surname of the father.

After a detailed hearing, the Court disposed of the petition as being without any merit. However, liberty was granted to him for approaching the school of his daughter in order to show his name as her father.

Case Title: Vindhya Saxena v. East Delhi Municiple Corporation