An interesting case has come to light from Vadodara, Gujarat. A 66 year old woman living here has filed a petition in the High Court demanding to leave the Muslim name adopted after marriage and re-adopt her Christian name. The woman says that due to her Muslim name, she is facing a lot of problems in renting houses in non-Muslim areas in Vadodara.
After hearing the petition on Tuesday (July 21), the High Court has issued a notice to the state government and the concerned authorities asking why the woman’s request for name change in the official gazette was not accepted. Justice Nirjar Desai’s bench issued a notice to the state government and concerned officials asking why the woman’s name change petition was not published in the government gazette. The court has sought reply by August 27.
Name changed after marriage with Muslim man
In fact, the petitioner, who is a retired Central Government employee and widow, was born in a Christian family, but after marrying a Muslim man, she adopted Muslim identity and changed her name. Her husband died in 2021. After which she left her in-laws’ house and now she is trying to reconnect with her maternal home and old family ties.
Can’t find a house because of Muslim name
The woman says that due to her Muslim name, she is not able to get a house in the non-Muslim areas of Vadodara, due to which she is facing problems. Her lawyer, Advocate Rushabh Shah, says the circumstances have prompted the woman to restore her maiden name which reflects her Christian identity. The lawyer said that the woman wants to keep the name Maiden again to reflect her Christian identity.
name change application
The woman approached the High Court after authorities rejected her request to publish the name change in the official gazette, the lawyer said. The authorities had rejected the woman’s name change plea saying that due to the absence of a divorce order, she could not change her name and could not add her father’s name and her maiden surname to the end of her name.
What did the woman say in the petition
In the petition, the woman clarified that the purpose of changing the name was not to avoid any civil or criminal liability but it was done entirely due to social circumstances. She said that she had left her husband’s house and had lost all her rights on his properties.
High Court gave notice
During the hearing, the High Court sought further clarification regarding the grounds of the request, after which her lawyer submitted an additional affidavit detailing the reasons for the proposed change and stating that she was facing difficulty in obtaining accommodation in a non-Muslim area.
After considering the affidavit, Judge Desai said that the grounds stated by the petitioner were of social nature. Issuing notice to the state government, Government Printing and Stationery Directorate and Government Press and Stationery located in Rajkot, the court has sought their reply by August 27.
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