The Delhi High
Court, on Thursday, issued a notice to the Centre on a plea challenging its
notification related to the conditions imposed on married women to obtain their
maiden surname.
The plea alleges
gender bias and an "impermissible discrimination" against women as
the conditions and requisites are applied only on them.
The Centre's
notification, issued by the Ministry of Housing and Urban Affairs, imposes
conditions on women to submit a copy of the decree of divorce or a no objection
certificate (NOC) from their husbands if they wish to revert to their maiden
surnames after marriage.
The notification
also says that if the matter is pending in a court of law, the name change of
the applicant will not be processed until the verdict is out.
The plea was
filed by a complainant, Divya Modi, who took her husband's surname 'Tongya'
after marriage but wishes to revert it now. The couple is entangled in a
divorce battle.
"This
notification poses an obstacle to the Petitioner's right to change her surname
to her maiden surname amid ongoing divorce proceedings. Consequently, this
action is violative of Article 14, 19(1)(a), and 21 of the Constitution, and is
contradictory to the principles of natural justice," the plea states.
The petitioner
also alleged that the notification results in a violation of Article 14 of the
Indian Constitution, which guarantees equality under the law to all the
citizens of India. Additionally, she evoked a violation of privacy rights and
the freedom of expression, which is guaranteed under Article 19 of the
Constitution.
"...The
requirement for divorce-related documentation or an NOC from the husband
creates arbitrary obstacles, unnecessarily affecting divorced women," the
plea states.