Sc status

rohit (Querist) 07 March 2013 This query is : Resolved
Dear Experts,

I have few queries which sought your expert response:

1) My wife is SC category from Hindu family and I am General category from christian family. Last year we got married. Will she gets the SC status?

2) Under which act we should registered our marraige?

3) What will be the caste & religion of our child?

4) She has SC certificate from UP & also his father too. Now, she came to Delhi. Are we suppose to again apply for SC certifiacte in Delhi? will she can apply in govt job in reserved category ?

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Dr V. Nageswara Rao (Expert) 07 March 2013
1. There is no way that one can change caste, except by adoption at such a tender age that the child "is integrated into the adoptive family".
2. You wife will ever remain an SC.But check whether the caste she belongs to is also SC in Delhi.
3. She can get the resdervation in jobs.
4. Children can choose father's or mother's caste as per their choice.
5. The child's religion will be the religion in which the child has been brought up. Is the child brought up as Christian or Hindu-- name etc.

rohit (Querist) 08 March 2013
Thanks very much sir for your response.

(1) It means my wife can get SC reservation benefits even she got married with me (Christian - general category boy)as per christian tradition because caste is by BIRTH. I am right sir ?

(2)Under which act we should registered our marraige? Special marraige Act ?

(3) She belongs to Balmiki caste of SC. I think it is in Delhi. Can she apply SC certificate for Delhi on the basis of Certificate she has issued from UP & his father too ? or she can apply in jobs on that certificate basis ?

(4) At present, she is expecting baby. How small child can choose father's or mother's caste ? any rule or guidelines ?

(5) Any judgement/act in supporting that she is eligible for SC benefit ? she or her any family member dint converted to christainity.

Sudhir Kumar, Advocate (Expert) 09 March 2013
(1) It means my wife can get SC reservation benefits even she got married with me (Christian - general category boy)as per christian tradition because caste is by BIRTH. I am right sir ?

Ans : Yes. Caste stqatus us acquired by birth andis not lost or acquired by marraige.

(2)Under which act we should registered our marraige? Special marraige Act ?

Ans : Spl Marriage act.

(3) She belongs to Balmiki caste of SC. I think it is in Delhi. Can she apply SC certificate for Delhi on the basis of Certificate she has issued from UP & his father too ? or she can apply in jobs on that certificate basis ?

Ans : Yes

(4) At present, she is expecting baby. How small child can choose father's or mother's caste ? any rule or guidelines ?

Ans : Father's caste status will be of the child.

(5) Any judgement/act in supporting that she is eligible for SC benefit ? she or her any family member dint converted to christainity.

Ans : No need of judgement. Govt instructions are clear on the issue