Land Mark Decision: Mother Has Power To Choose Surname of Kids!

Fri Jul 29 2022 13:01:51 GMT+0530 (IST)

We live in a Patriarchal Society and the children get the surname of their father. These days celebrities are trying their best in changing the practice by giving surnames of both parents to the kids. However, most of the time, the children get the surname of their father. Is it a compulsion to do so is the question many have.

In this question, the Supreme Court gave a historical judgement. The bench of the Supreme Court which heard the case made it clear that mothers can decide the surnames of their children.

Going into detail, a woman who hails from Andhra Pradesh is married and has a child. Sadly, her husband passed away and he tied the knot again with another person. The woman added the surname of her new husband to her child. However, her first husband's in-laws are not happy with it. The issue reached the Andhra Pradesh High Court.

In its verdict, the Andhra Pradesh High Court said that surname of the first husband should be mentioned and the name of the second husband can be mentioned as a stepfather in the certificates in the column.

However, the woman challenged the verdict given by the High Court in the Supreme Court. The bench of the Supreme Court comprising Justices Dinesh Maheshwari and Krishna Murari heard the petition and canceled the verdict given by the High Court.

The Supreme Court said that it's the call of the mother to decide which surname the child will get. Having said that, the Supreme Court observed that having the name of the stepfather on the certificate will have a heavy toll on the mental health of the kid.

The Apex Court took the correct call. The certificates determine one's identity. If the new husband of the mother is mentioned in the certificate as the stepfather then it would plant the seeds of embarrassment in the minds of the kids.

Moreover, if the friends get to see the certificate with two surnames then the friends can crack up jokes and this will make it tough for the young mind to get close with his/her friends. After a long battle, the Supreme Court gave her a big relief.