The Supreme Court on Thursday ruled that a mother who remarries after the death of the biological father can decide the surname of the child and include him in her new family. A bench of Justice Dinesh Maheshwari and Justice Krishna Murari set aside the decision of the Andhra Pradesh High Court.
The High Court had directed a mother to change the child's surname and show her new husband's name on record as 'stepfather' only. The Supreme Court said, such a direction is cruel and unwise. The appeal pertained to a dispute regarding the surname given to a child by a mother who marries secondarily after the death of her husband.
The mother had challenged in the Supreme Court the direction issued by the Andhra Pradesh High Court to restore the child's surname. The High Court had held that in so far as the name of the father of the child is concerned, wherever the record permits, the name of the natural father shall be shown and if such permission is not allowed, the name of the mother's new husband as 'step father. may be mentioned. Bureau
The Supreme Court asked how the mother, being the sole natural guardian of the child after the death of her first husband, could be legally restrained from finally adding the child to her new family and deciding the surname of the child.
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