Daijiworld Media Network - Panaji

Panaji, Apr 28: The High Court has ruled that a woman cannot be barred from using her ex-husband’s surname after divorce, striking down objections raised by a Sub-Registrar in Goa.

The case arose when a couple attempted to register their marriage on the Goa Marriage Portal (NGDRS). Although a Civil Court had earlier granted permission for their marriage under Article 248 of the Portuguese Civil Registration Code, the Sub-Registrar at Margao refused to process the registration.

The Registrar objected to the use of the surname by a Russian woman, insisting that she must use her maiden name as per her birth certificate rather than the surname mentioned on her passport. The official cited provisions of Portuguese civil law, arguing that a divorced woman cannot continue using her former husband’s name.

However, the High Court termed the objections “arbitrary and contrary to law.” It clarified that Article 43 of the code does not impose a blanket prohibition, especially in the case of a foreign national. The court further observed that even for Goan citizens, there is no automatic restriction on using an ex-husband’s surname unless specifically barred by a court order.

The court directed the Sub-Registrar at Salcete, Margao, to complete the marriage registration within one week, stating that the registration must be carried out using the name as mentioned on the woman’s passport.