Delhi High Court issues notice on plea to change minor daughter's surname to reflect father's last name

The Delhi High Court on Thursday issued notice on a plea filed by a child's father seeking to change his daughter's surname to reflect his own last name as opposed to his wife's name. (Vindhya Saxena v East Delhi Municipal Corporation).A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh sought a response from the East Delhi Municipal Corporation (EDMC) over an appeal filed by the minor girl's father against a single judge order rendered by Justice Rekha Palli last month..The Court today said, "We are issuing notice upon respondents (EDMC) by ordinary process. Notice stands returnable on October 12." .The Court was hearing an appeal filed by a minor girl's father who had sought directions so that his name is reflected as his daughter's surname, instead of her mother's name..Last month, Justice Rekha Palli had dismissed the plea, observing that every child has a right to choose his/ her mother's name as the surname. .The petitioner (father) had submitted at the time that the girl is a minor and thus could not decide these things for herself. The Court was informed that the child's name was changed from "Srivastava" to "Saxena" by the petitioner's estranged wife..The father had also apprehended that the name change would make it difficult to claim an insurance amount from LIC, since the policy had been taken in the name of the child with her father's surname.."The father does not own the daughter to dictate that she should use only his surname. If the minor daughter is happy with her surname, what is your problem?", Justice Palli had orally observed while declining to entertain the plea..Father does not own daughter; every child has right to use mother's surname: Delhi High Court .Challenging the in limine dismissal, advocate Anuj Kumar Ranjan today contended that the single-Judge had dismissed the matter without considering the facts and circumstances of the case. .Following this brief submission, the Division Bench issued notice in the matter. The matter will be heard next non October 12, 2021. . Advocate Pooja Vastav appeared for the EDMC.