Notification imposes restrictions on women for change in surname challenged in Delhi HC

The Delhi High Court has asked the Centre to respond to a petition challenging a notification issued by the Ministry of Housing and Urban Affairs regarding the use of maiden names by married women. The notification reportedly requires married women seeking to use their maiden surname to submit a company decree of divorce or a no-objection certificate (NOC) from their husbands, along with identification proof and a mobile number.

The petition argues that this notification is discriminatory, arbitrary, and violates fundamental rights under Articles 14, 19, and 21 of the Constitution of India. It alleges that the notification imposes additional and disproportionate requirements exclusively on women, displaying gender bias.

Justice Manmohan and Justice Manmeet Pritam Singh Arora issued notice to the Union of India through the Ministry of Housing and Urban Affairs and scheduled further hearings for May 28, 2024. The petitioner, Divya Modi, was represented by Ruby Singh Ahuja, Senior Partner, Vishal Gehrana, Hancy Maini, Devang Kumar, and Uzma Sheikh of Karanjawala and Co.

The petition seeks to restrain statutory authorities from imposing and implementing the requirements laid down in the notification. It also requests the court to direct the authorities to process name change applications without insisting on fulfilling the requirements, ensuring a more straightforward and constitutionally compliant procedure.