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Caste change

(Querist) 13 July 2012 This query is : Resolved 
hello i belong to hindu (Mahar) SC caste i am planning to marry my love,she is hindu(maratha) by caste we both are marathi but the problem is my SC caste, what should i do? her family is strict about caste systems! please help!!
Devajyoti Barman (Expert) 13 July 2012
What hep could we provide when you yourself is in doubt about your relationship.
If both of you ae adult then go ahead and marry each other.
If family members comes in the way , you can take the help of law.
R.K Nanda (Expert) 13 July 2012
Go for court marriage.
ashutosh mishra (Expert) 14 July 2012
Take the shelter of special marriage Act and marry if both are adult.
H.M.Patnaik (Expert) 18 July 2012
No caste change is possible unless you are officially adopted by aperson belonging to other caste I believe. However,if both of you are committed and attained adulthood , you can go ahead to validate the relationship through court marriage.
Sudhir Kumar, Advocate (Expert) 19 July 2012

I disargee with Mr Ashutosh Mishra. Spl Marriage Act need to be used when husband and wiefe are from different religion. As long as both of you are hindus marriage conducted by any Pandit is valid even before registeration.

If you want to marry you can. law is with you.

Let it be cler to your future wife that by marriying you she does not get reservation benefit in Govt service. Many such girls have tried andfailed.
ashutosh mishra (Expert) 19 July 2012
Sudhir sir!
I am a bit confused.

WHEREAS it is expedient to provide a form of marriage for persons who do not profess the Christian, Jewish, Hindu, Muslim, Parsi, Buddhist, Sikh or Jaina religion, and for persons who profess the Hindu, Buddhist, Sikh or Jaina religion and to legalize certain marriages the validity of which is doubtful; It is hereby enacted as follows:–
Conditions upon which marriages under Act may be celebrated
2. Marriages may be celebrated under this Act between persons neither of whom professes the Christian or the Jewish, or the Hindu or the Muslim or the Parsi or the Buddhist, or the Sikh or the Jaina religion, or between persons each of whom professes one or other of the following religions, that is to say, the Hindu, Buddhist, Sikh or Jaina religion upon the following conditions:–

(1) neither party must, at the time of the marriage, have a husband or wife living:

(2) the man must have completed his age of eighteen years, and the woman her age of fourteen years, according to the Gregorian calendar:

(3) each party must, if he or she has not completed the age of twenty-one years, have obtained the consent of his or her father or guardian to the marriage:

(4) the parties must not be related to each other in any degree of consanguinity or affinity which would, according to any law to which either of them is subject, render a marriage between them illegal.

1st Proviso- No such law or custom, other than one relating to consanguinity or affinity, shall prevent them from marrying.

2nd Proviso- No law or custom as to consanguinity shall prevent them from marrying, unless a relationship can be traced between the parties through some common ancestor, who stands to each of them in a nearer relationship than that of great-great-grand-father or great-great-grand-mother, or unless one of the parties is the lineal ancestor, or the brother or sister of some lineal ancestor, of the other.
Sudhir Kumar, Advocate (Expert) 19 July 2012
Both are Hindus do nto need this Act.
prabhakar singh (Expert) 20 July 2012
I am sorry Mr. Sudhir!

Applicability of the Special Marriage Act, 1954

Any person, irrespective of religion.
Hindus, Buddhists, Jains, Sikhs can also perform marriage under the Special Marriage Act, 1954.
The Muslim, Christian, Parsi, or Jewish religions can also perform marriage under the Special Marriage Act, 1954.
Inter-caste marriages are performed under this Act.
This Act is applicable to the entire territory of India (excluding the states of Jammu and Kashmir) and extends to intending spouses who are both Indian nationals living abroad.
Spontaneously Ashutosh is correct against you dear Sudhir.
Sudhir Kumar, Advocate (Expert) 21 July 2012
I am sorry. Hindu marrying Hindu may go for spl marriage act.

But Hindu marrying Hindu (including Sikh Jain Buddhist) need not have the protection of Spl marriage Act. Marriage performed by any Pundit or Granthi is perfectly valid and binding even if both belong to different castes or states.

One needs unmbrela outdoor in rain or sunshine. It does not matter if he uses it without indoor even on a dry night.
ashutosh mishra (Expert) 21 July 2012
Hindu marrying Hindu may go for spl marriage act.

that was what i opined in my first post"Take the shelter of special marriage Act and marry if both are adult.".

thank you sir Sudhir for washing out the dust.
prabhakar singh (Expert) 21 July 2012
The query was by the boy belonging to schedule cast in love with girl of upper cast
whose family not ready to marry her with him.

In this scenario though both are HINDUS and have many legal options for marriage but practically it does not appear possible for them to go through rituals and ceremonials generally go in parent's arranged marriages.

The Special marriage Act is the best one among the several options available to these duo as it may go cool without any Hangama in the circumstances that are here.

We all have knowledge of several things but vomiting all that without relevance to the facts of a query may not serve any purpose here.
malipeddi jaggarao (Expert) 23 July 2012
First of all, whether you are legally attained the age of 21/18 years? If so, whether both of are willing to go against the wishes of the parents? If your answer is "yes" for both these questions, then only you can think of how to perform the marriage and under what act. There is every possibility of failure of marriage if both are not strong enough to face the resistance/problems.
Guest (Expert) 23 July 2012
Strangely enough the query was about change of caste, but seemingly has been assumed to be pertaining to inter-caste or inter-religeon marriage only aand further leading towards making of a controversial issue.

As suggested by Mr. Patnaik, change of your caste can only be possible if get yourself adopted legally by some non-SC person subject to prescribed conditions.
Sudhir Kumar, Advocate (Expert) 23 July 2012
Section 10(iv) of Hindu Adoption and Maintenance Act1956. No Hindu above the age of 15 can be adopted.
Guest (Expert) 23 July 2012
No chance for caste change.
Sudhir Kumar, Advocate (Expert) 24 July 2012

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