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Discussion > Others > General Discussion > validity of caste certificate after marriage   Unanswered Threads Post New Topic

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There are 4 Replies to this message


ashwin


lecturer
[ Scorecard : 40]
Posted On 31 January 2010 at 12:32 Report Abuse

hi , i would like to know whether the obc status of a woman changes after her marriage with a non obc man? can she still claim reservation under the obc category



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ritu bhadana


advocate
[ Scorecard : 3378]
Posted On 31 January 2010 at 12:52 Report Abuse

If marriage alone is assumed to change the caste of the wife, there is no reason why the husband should not be presumed to have changed his caste by accepting that of wife. In the absence of any authority of law, either of the presumptions are open, leading to no definite conclusion. No inference is possible merely from the fact that, on marriage, not the husband, but the wife invariably ceases to be a member of her parents family according to the existing practice. Cases are not rare where on such marriages, husband, wife and their children alone constitute the family. Some other glaring infirmities also can be noticed. On her marriage with a non-scheduled caste boy, a Scheduled Caste girl can also be said to have lost her caste and also the constitutional protection, and mere divorce would result in unsettling the attainments if caste and the attendant benefits or disadvantages were to depend entirely on the circumstance of marriage. This will defeat the very object of the scheme of reservation contemplated under the Constitution. So the caste certificate is very much valid even after marriage.

 



Dr. V.N.Tripathi


Advocate Supreme Court and Allahabad High Court.
[ Scorecard : 9424]
Posted On 31 January 2010 at 17:32 Report Abuse

For the purposes of reservation (Art. 15 and 16 of the constitution) , the caste is determined by birth and  marriage does not affects the status of a candidate.



arvind


advocate
[ Scorecard : 12658]
Posted On 31 January 2010 at 17:57 Report Abuse

I agree with the Tripathi Sir. The theory behind is that, The girln who is being given the benifit of reservation has faced the stigmas attached to her cast, where he took birth. If She now marriage does not chage the situations, which was faced by her before marriage.



Sudhir Kumar


Dy Director
[ Scorecard : 43554]
Posted On 28 November 2011 at 20:12 Report Abuse

caste status if earned or lost by birth only.




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