Obc girl (non-creamy layer) married to gen

Apoorv (Querist) 07 December 2016 This query is : Resolved
Ma'am/ Sir (s),

Following are the facts before my query:

1. My Wife presently working in MNC and drawing handsome salary has OBC category certificate (based on her father's income and caste status).

2. I am a general category by caste and work in govt. PSU (executive cadre).

My queries are:

1. Is she eligible to file applications as OBC candidate and can avail benefits like reservation in govt. jobs, age relaxation etc. provided to non-creamy layer OBC candidates.

2. Can I have the references of any cases in Supreme court/ High Counts, where judgements have already been given in such cases.

3. Under the column “father’s name/ husband’s name”, what should be preferred while filling the forms? Is it alright if my name is filled in the form? Can anyone debar her to avail the benefits in case my name is given in the form.

4. To be at a safer side, should I approach a lawyer to give me an affidavit that although she (an OBC) is married to me (general), she can avail all the benefits available to OBC candidates which mentions the references of constitutional laws or cases as mentioned in point no. 2 above. Do lawyers make such affidavits?

5. Is there any single document, where all the benefits (in precise form) are written to OBC non-creamy layer candidates.

Thanks in anticipation.

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Guest (Expert) 07 December 2016
What is your Real intention

Guest (Expert) 07 December 2016
She may be eligible within the prescribed financial status, but not you to take advantage of her OBC status. But still your own description contradicts your claim for your wife as a non-creamy layer, if she along with you have already crossed the prescribed financial limit. In that case, approach to any lawyer may also not be of any help to you or to her.

Apoorv (Querist) 07 December 2016
Intention: She has filled a form where she has mentioned herself as OBC. I would like to know if she can avail it.

From all the details gathered from internet, I understand that my income/ my wife's income have nothing to do with the OBC status of my wife (which solely depends on her father's status and income) and she claim the benefits under OBC status. Kindly correct me if I am wrong.

adv.bharat @ PUNE (Expert) 07 December 2016
After marriage she become the member of your joint family hence no concern about fathers income.
Now she can't claim benefit as income level exceeds.