Mumbai: Bombay High Court directs institute to issue certificate to woman without husband’s name

  • | Monday | 1st April, 2019

In July 2018, the institute awarded her with the diploma certificate, which reflects her name with her husband and his surname. In March 2017, the certificate was issued to her, which reflected her name with her husband’s name and his surname. Observing that if a woman wants to forget her past then the institute need not be so “hyper technical” about the issue, the Bombay High Court has directed an institute in Parel to issue a 31-year-old doctor from Jalgaon her diploma certificate in dermatology and venereology without her husband’s name. The petition further states that after getting married, the woman had applied for registration certificate with Maharashtra Medical Council, Mumbai, to add her husband’s name and surname after her name. She said in her petition that the certificate issued by the Medical Council had both the pre-marital and post-marital names yet the diploma issued by the institute has only post-marital name.

Observing that if a woman wants to forget her past then the institute need not be so “hyper technical” about the issue, the Bombay High Court has directed an institute in Parel to issue a 31-year-old doctor from Jalgaon her diploma certificate in dermatology and venereology without her husband’s name. She wanted to change her name on the certificate after she divorced her husband last year. The division bench of Justice B R Gavai and Justice Dama Seshadri Naidu directed the institute last week to issue new certificate without her marital name, which had her husband and his surname on it. The bench further observed there was no harm for the institute to issue her a certificate without her marital name as the petitioner has already carried out other formalities like changing her name in official gazette. The woman had filed the petition through her lawyer Abhijeet Ashok Desai, stating that after completion of her MBBS from Jiangsu University, China, in December 2011, she obtained registration certificates from Delhi Medical Council and Medical Council of India. Both the certificates had her pre-marital name reflected as they were issued before marriage. In June 2013, she got married at Jalgaon. After being married for five years, she got divorced by mutual consent in July 2018. The petition further states that after getting married, the woman had applied for registration certificate with Maharashtra Medical Council, Mumbai, to add her husband’s name and surname after her name. In March 2017, the certificate was issued to her, which reflected her name with her husband’s name and his surname. The petition says that after marriage, she completed her diploma in dermatology and venereology from an institute at Parel. In July 2018, the institute awarded her with the diploma certificate, which reflects her name with her husband and his surname. She said in her petition that the certificate issued by the Medical Council had both the pre-marital and post-marital names yet the diploma issued by the institute has only post-marital name. She alleged while enrolling with the institute, she had mentioned her pre-marital name in the form, yet they printed her post-marital name in the diploma. The petitioner said that after she got divorced, she made representations before the Medical Council and the institute to change her name in the registration certificate and the diploma.

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