Querist :
Anonymous
(Querist) 10 March 2011
This query is : Resolved
Girl from a Schedule Tribe category has been married to a boy of general category. As her husband is muslim so she has also converted to islam. now the question is ....Can she still take the benefit of her category??????????
Arvind Singh Chauhan
(Expert) 10 March 2011
Yes! there are several case laws that " Caste refers to birth not to the status obtained by matrimony"
Advocate Bhartesh goyal
(Expert) 10 March 2011
Yes, Mr arvind is absolutely right.Cast refers by birth therefore she is entitled to take the advantage of her birth cast.
Guest
(Expert) 10 March 2011
A woman’s caste does not change after marriage, the Bombay high court has also ruled about that. The order came probably on Jan 22, 2010 on the hearing of an application by Mumbai resident Rajendra Shrivastava, who had sought anticipatory bail after his wife, a scheduled caste, accused him and her in-laws of dowry harassment and ‘casteist atrocities.
Kirti Kar Tripathi
(Expert) 10 March 2011
I do not agree, If the girl converted to Muslim, she is no more Hindu and being Muslim she can not get benefits, which are available to Hindus as there is no schedule caste in Muslim community.
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