How To Legally Change Last Name After Marriage?

Marriage is a special occasion in India, where two individuals start a new life together. One of the customs that follow the marriage is changing the bride’s last name to that of the groom’s family name. However, this practice has raised a debate among modern women, who are empowered and want to retain their identity post-marriage. The good news is that changing one’s last name after marriage is legal in India. Here is a guide on how to legally last name change after marriage.

How to Change Last Name after Marriage legally?

Changing last name after marriage isn’t a tough process. All you need to do is follow below mentioned steps. Here are these steps:

Step 1: Marriage Certificate

The first and foremost document that you need to legally change your last name after marriage is a marriage certificate. After the wedding ceremony, the couple needs to register their marriage with the Registrar of Marriage, as per the Hindu Marriage Act, 1955. The registration can be done within a month of the marriage at the local registrar’s office. The registrar then issues a marriage certificate to the couple, which serves as legal proof of the marriage.

Also Read – Do you Know that Second Marriage Without Divorce Is Legal.

Step 2: Publication of Notice

Once you have the marriage certificate, the next step is to publish a notice of the intended name change in the local newspaper. This notice must be published in both the husband and the wife’s name. The notice should be published in two newspapers, one in the local language and the other in English, at least 30 days before you submit your application for name change.

Step 3: Affidavit

After the publication of the notice, the couple needs to make an affidavit for changed name after marriage. This affidavit should be attested by a notary public or a first-class magistrate. The affidavit should contain details such as the previous name of the wife, the new name that she wishes to adopt, and the reason for the name change.

Step 4: Application for Name Change

The next step is to file an application for name change with the district court. The application should be accompanied by the marriage certificate, the published notice, and the affidavit. The court will then verify the documents and, if satisfied, will order the name change.

Step 5: Gazette Notification

Once the court has ordered the name change, the final step is to get the new name published in the Official Gazette of India. The applicant needs to fill in a form and submit it along with a copy of the court order and a fee to the Department of Publication, Ministry of Housing and Urban Affairs. The new name will then be published in the Official Gazette of India, and a copy of the gazette notification will be sent to the applicant.

Points to Remember while changing last Name after Marriage?

• The name change process can take up to two to three months, so it’s advisable to start the process as soon as possible.
• Make sure that all the documents are accurate and without errors.
• The name change process is not restricted to women only; men can also change their last name after marriage by following the same process.
• In case the couple has married under the Special Marriage Act, 1954, the process of name change is the same, but the marriage certificate is issued by the Marriage Officer, and the notice of the intended name change should be published in the district where the couple got married.
• Changing the name on official documents such as Aadhaar card, passport, bank account, etc., will require additional steps and documents, so be prepared for that.

Conclusion

The decision to change one’s last name after marriage is personal, and every individual has the right to make that decision. The process of legally changing your last name after marriage in India is not complicated, but it does require a few essential steps. Make sure you follow the process correctly, and the name change will be done legally and smoothly. Remember that changing your name does not change who you are as a person; it’s just a name that you carry

Posted by Minakshi