Woman moves HC challenging mandate to get husband’s NOC/divorce decree to use maiden surname

The woman's plea, filed through Karanjawala & Co, states that the notification is "patently discriminatory, arbitrary and unreasonable", and violates her fundamental rights under Articles 14, 19 and 21 of the Constitution of India.

A division bench of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora issued notice to the Centre in the woman's plea challenging an "undated notification" by the Department of Publication, Ministry of Housing and Urban Affairs. The matter is next listed on May 28. (File)

The Delhi High Court on Thursday sought the Centre’s stand on a woman’s plea against a notification requiring that if a woman wants to “obtain a maiden surname”, she will have to submit a copy of her “divorce decree or a no objection certificate (NOC) from her husband” along with the copy of identification proof and cellphone number.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora issued notice to the Centre in the woman’s plea challenging an “undated notification” by the Department of Publication, Ministry of Housing and Urban Affairs. The matter is next listed on May 28.

The woman’s plea, filed through Karanjawala & Co, states that the notification is “patently discriminatory, arbitrary and unreasonable”, and violates her fundamental rights under Articles 14, 19 and 21 of the Constitution of India.

The plea claims that the notification “poses as an obstacle” to the petitioner’s right to change her surname to her maiden surname amid ongoing divorce proceedings.

The notification “displays evident gender bias” and constitutes a form of “impermissible discrimination” by imposing additional and disproportionate requisites exclusively on women, submits the plea.

It also “unreasonably curtails the freedom of expression and personal identity”, particularly of women, by mandating a NOC from the husband or a copy of a divorce decree, read the plea further. This infringes her fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution, as a “person’s choice of name is a vital aspect of their self-expression and identity”.

Stay updated with the latest - Click here to follow us on Instagram