Weathers

J.— The case at bench reaches us on petition for writ of mandate. It raises the issue of the right of a wife who during marriage used her maiden name to petition for a dissolution of marriage in that name rather than the surname of her husband. We conclude that the wife has the right so to file her petition.

On April 14, 1975, wife, appearing in propria persona, filed her petition for dissolution of marriage in the northeast branch of the Los Angeles Superior Court. The petition discloses that the parties were married in Oklahoma and that there are no children of the marriage. It does not seek division of property or support. The petition is captioned “In re the Marriage of Petitioner Janet Lynn Weathers and Respondent Francisco Grippa.”

On July 21, the petition was heard by Commissioner Russell R. Hermann sitting as a temporary judge of the court. Wife appeared in propria persona while Francisco Grippa made no appearance. Commissioner Hermann called the case as “Weathers versus Grippa.” He asked wife if she had married Francisco Grippa. When wife answered that she had, the commissioner replied “All of your pleadings say ‘Weathers versus Grippa.’ ” Informed by wife that…