The Maiden Name Game

For generations, a woman’s surname after marriage was rarely a subject open for debate. In most societies, including India, taking the husband’s last name was an automatic step, folded into the rituals of matrimony. But today, an increasing number of women are sticking to their maiden name and surname after marriage. The once “unquestioned” surname change is becoming a site of personal negotiation, legal clarity, cultural friction and increasingly, an individual choice.

Mere Tradition, Not Law

Surname change after marriage is not mandated by law in India. You find no clause or section asking you to do so. The courts have repeatedly clarified that a woman’s marital status stays the same whether she keeps her maiden surname, changes it or decides to hit undo later.

Advocate Likitha Avare, a Corporate Lawyer and Legal Advisor, says, “Whether or not a woman changes her surname after marriage has no bearing on the validity of the marriage. However, this can cause friction in terms of handling PF accounts, employment records, insurance policies, PAN, Aadhaar or passport records. Likitha goes on to add, “This is why women, especially working professionals, often feel scared and uncertain about what comes after marriage.” While legally one isn’t mandated to change one's surname, such practices have deep roots in tradition and patriarchal society. Even today, many Indian families insist that a woman take her husband’s surname as proof of marriage. Likitha says, “A Marriage Certificate, not merely changing your surname, is the strongest, legally recognised proof in India.”

A Personal Choice

Many women today feel it is a personal choice. “I think changing your surname after marriage is completely a personal choice,” says Ishita Aggarwal, a Chartered Accountant. She believes this is a decision that should be discussed and agreed upon by the partners involved. However, the wheels of change seem to be in motion. Many women today choose to retain their maiden name or add their husband’s surname to their existing one. Ishita says, “Adding or not adding a husband’s surname has nothing to do with devotion or love.”

She also points out that calling the practice a fad overlooks the reality that the name-change process is long and complicated. “Anyone who chooses to undertake it must be genuinely sure of it, and that certainty deserves respect,” she says.

Priyadashani Chimanchode, a Business Analyst at Mastercard, doesn’t mince words about the social pressure around women’s surnames. “Indian society is so obsessed with the idea of name change. It’s weird,” she says. She notes that neither her husband nor her in-laws ever asked her to change her name. In fact, her husband discouraged her and reminded her that she didn’t need to go through “the paperwork Olympics” just to prove she was married!

But the moment the couple went to get their marriage certificate, the mood shifted. Priya recalls how the official insisted, almost theatrically, that changing her name was mandatory. As per his logic, “It’s not appropriate according to our culture.” He warned Priya and her husband that it would be difficult for their kids in future. Priya describes it as ‘indirect emotional blackmail.’ Her family also goaded her to change her maiden surname. The whole experience was a bit overwhelming. “It’s wild,” she says, “how a simple form can turn into a morality lesson.”

Legal Bytes

Aashna Jain, a Legal Strategist, says, “None of the laws, including the Hindu Marriage Act or the Special Marriage Act, mandate that a woman change her name.” Aashna explains that complications usually show up when different names appear in different documents. She ex-plains, “This then leads to excessive gazette notification changes, marriage certificate submissions to address a plethora of departments issuing each of these documents.” Aashna shares that she herself is married and has retained her maiden name, “Jain,” rather than adopting her husband’s surname, “Vyas.”

“This was a purposeful decision to maintain my individual identity and to demonstrate to myself and to my peers that women should no longer be treated as property,” she says. According to her, adding names from the husband’s family continues to push a patriarchal narrative, implying that a woman’s identity flows from her husband. “Women are free to choose and retain any name they wish,” she emphasises. Aashna points out that multiple high courts in India, including Bombay and Karnataka, have repeatedly clarified that changing a maiden name is not a legal requirement and that women cannot be forced to do so.

Advocate Likitha shares a few areas of caution for women to bear in mind post-marriage. She advises, “Changing your surname across all documents and maintaining uniformity would immensely help.”

She also warns that updating board certificates, such as CBSE, IB or HSC Board certificates, could prove to be a daunting task. Adv Likitha says, “Most of the State Boards are reluctant to make changes in names or surnames once a certificate is issued.” However, she reminds everyone that the law mandates such boards to issue the name change if other procedural conditions are fulfilled.

Advocate Likitha notes that many women may not be aware that if a woman has already adopted her husband’s surname, she would need a mandatory NOC from her husband to revert to her maiden name. She adds, “This issue is currently under challenge before the Delhi High Court, and a judgment is yet to be delivered.” Changing or retaining your maiden surname after marriage is no measure of love or loyalty. It is purely a matter of choice. Societal expectations cannot dictate identity, and legal systems only seem to be further supporting a woman’s autonomy. Respecting a woman’s choice is no longer optional. It is long overdue!

For Namesake

Tips for married Women to ensure a smooth process of surname Change:

• Think carefully before changing your surname. It is NOT legally mandatory.

• Husband’s NOC (in terms of reverting to Maiden Name) unless a further judgement

is delivered.

• Follow the official three-step process: Affidavit, Newspaper publication, Gazette Notification

• Start with updating Aadhaar and PAN details.

• Update your Passport earliest, as this may take time and may affect future travel plans.

• Keep all your old and new records safely.

• Update your surname uniformly across ALL documents.

(Courtesy: Advocate Likitha Avare)