Plea before Delhi High Court challenges mandate to get husband's NOC or divorce for married woman to use maiden name

The Delhi High Court on Thursday asked the Central government to respond to a plea challenging a notification which states that if a married woman wants to use her maiden surname, she must furnish either a divorce decree or a no objection certificate (NOC) from her husband [Divya Modi Tongya v Union of India]..A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora has ordered the government to file its response by May 28 when the matter will be heard next..The plea has been filed by one Divya Modi Tongya who submitted that wanted to revert to using her maiden surname since she has separated from her husband and divorce proceedings were going on. However, her ability to use the maiden surname has been restricted by the notification issued by the Union Ministry of Housing and Urban Affairs.The notification in question was titled “Change of Name (Major & Minor), (Change of Sex, Change of Religion, Public Notices for Correction of Name, Adoption of Child), specifically under the category 'Change of Maiden Surname.”.It has been argued that the notification introduces unnecessary barriers for individuals seeking to exercise their constitutional right to choose their name. The requirement for divorce-related documentation or an NOC from the husband creates arbitrary obstacles and unnecessarily affects divorced women, the plea said.It is the petitioner’s case that notification is gender biased and constitutes a form of impermissible discrimination by imposing additional and disproportionate requisites exclusively on women.“By subjecting women to more burdensome conditions compared to men seeking a change in name, the Notification unjustly discriminates against them, thereby violating their constitutional rights,” the plea argued.It said that the notification is in violation of Articles 14, 19 and 21 of the Constitution of India.“The Impugned Notification also 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. This mandate infringes upon the fundamental right to freedom of speech and expression enshrined 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,” the plea said.It added that the notification, by imposing a restriction that hinged upon the passing of a verdict in divorce cases, introduced an element of arbitrary delay and impeded the prompt exercise of one's right to choose her name under Article 21 of the Constitution of India.“This undue delay imposed by the notification's requirement, linked to the resolution of legal matters, significantly burdens individuals awaiting judicial decisions," the petitioner said. .The petition has been filed through Karanjawala & Co.