Fathers Name On Documents Not Mandatory- Madurai Bench (Chennai HC)

Single Mother
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India has been patriarchal enough to ensure most documents has a column for the fathers/ middle name. In several cases this is insisted upon as well. 

However, quite recently an interesting judgement was passed by the (Madurai Bench) Madras High Court that was hearing a plea for removing the legal obligation for single mothers to disclose the name of their child’s father while registering for the child’s birth.

Justice M.S. Ramesh observed, “There are also cases where women are constrained to raise children with their own sources in view of their unwilling and unconcerned partners. It would be totally unjustifiable to insist that single or unwed mothers be compelled to declare the name of the father of the child who has himself chosen to abandon the child.

Pune365 spoke to  experts and informed citizens on this judgement and sought their opinion.

A city-based advocate says, “It is a relief to many single mothers and a similar judgement was passed by the Supreme Court in the year 2015, which allowed single mothers to apply for guardianship of her child without informing the father.

In fact the judgement also states that the mother is not bound to divulge the name of the father or asked for it to obtain necessary documents such as birth and caste certificate, passport and for school purposes.”

Asha Kate, Social Activist says, “Every government document carries a name middle name and surname format, as with the growing technology. Now as the characteristics of giving birth has a change such law should be successfully implemented in the state.

However this will have many consequences as without valid proof of the child’s biological father, the mother won’t be able to legally claim any property etc. she added.

A child is born from a mother womb, then why should the father’s name be mentioned on the birth certificate and other documents, says Harsh Tiwari, Content Writer.

Not only this, I think it should be permissible for married women to only mention their name in certificates and documents of their children. 

India has always been a patriarchal society it is time we bring a change in the society, and leave it to the mother. Tiwari added.

Rohini Bhairude, Housewife says, “In a way, it is promoting single motherhood and the law will definitely be welcomed in Maharashtra too.

If women have taken the responsibility of giving birth and fulfilling the child’s future needs, then where is the need to consider the biological father.”

Nehal Chauhan, techie says, “Fathers name is essential for every government document. The government has already provided an option to mentioned both parents name in the documents.

Women are increasingly manipulative if they are raising the child without a wedlock and the father’s name, then alimony should also be restricted.

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#All views expressed in this article are those of the individual respondents and Pune365 does not necessarily subscribe to them.

Ankita Malekar

Ankita Malekar

A talkative tiny speck in the world of Media, with an itch for travel and paws.
Ankita Malekar

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