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Cast related

(Querist) 31 January 2018 This query is : Resolved 
My name is farman Ali. I am a Muslim. I had married with hindu st girl.my wife can take benefits of St cast regularly?
Guest (Expert) 31 January 2018
No Please ........................................
Guest (Expert) 31 January 2018
Even your children would be entitled only to father;s category only.
R.Ramachandran (Expert) 31 January 2018
In a recent decision rendered by Supreme Court on 19.1.2018 in CA No. 487/2018, titled Sunita Singh Vs. State of Uttar Pradesh and others, it was held that "the caste is determined by birth and the caste cannot be changed by marriage with a person of scheduled caste".
The fact of the case is that Appellant Sunita was born in “Agarwal” family. She married Dr. Veer Singh, who happens to belong to “Jatav” Community (said to be one of the Scheduled Castes). On the basis of marriage she obtained SC Certificate and obtained job. Her SC Status was challenged. It was held that since she was born in Agarwal family, just because she married a person of SC Caste, her caste will not get changed.

On the basis of the said decision, it can be said that in your case, even after marrying you, your wife who belongs to ST Community will continue to be regarded as ST community.

Sudhir Kumar, Advocate (Expert) 01 February 2018
Your wife is fully entitled to retain cast status. Cast status is acquired by birth in a community and cannot be lost/acquired by marriage.

I do agree that your children will not be entitled to ST status.
Sudhir Kumar, Advocate (Expert) 01 February 2018
repeated

http://www.lawyersclubindia.com/experts/Cast-related-670721.asp
Kumar Doab (Expert) 01 February 2018
Why to repeat ?
You have been advised in both threads..
Dr J C Vashista (Expert) 03 February 2018
If you are not satisfied with FREE advise of experts on this platform, consult a local prudent lawyer.
However, it is absurd and stupidity to repeat same story time and again.


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