Bangkok: The Constitutional Court has ruled that women who divorce their husbands must revert to their original surname, as stipulated by the Personal Name Act. This decision confirms that the rule does not violate constitutional principles.

According to Thai News Agency, the court unanimously upheld Section 13, paragraph one of the Personal Name Act of 1962. The Act allows women who are married to use their husband’s surname but requires them to return to their original surname upon divorce. The court determined this regulation does not infringe upon women’s freedoms or conflict with the principle of equality as outlined in Section 27, paragraph two of the Constitution. The majority decision, with an 8 to 1 vote, found no conflict with Section 27, paragraphs one and three of the Constitution.

The lone dissenting opinion came from Mr. Udom Rathamrit, a minority judge on the Constitutional Court. He argued that Section 13, paragraph one, conflicted with Section 27, paragraphs one and three of the Constitution.

The case arose from a challenge by Ms. Saengsri Chiyachan, the defendant in case number P 1240/2567, brought forward by the Thanyaburi Provincial Court. Ms. Chiyachan contended that the requirement to revert to a maiden name upon divorce was a restriction on women’s freedom and inconsistent with the constitutional principle of equality.