Different community parents - children which community?
Manikandan
(Querist) 30 June 2014
This query is : Resolved
Sir,
I have one doubt?
Our society now approved different community joint marriage (i.e. marry to other community people). Now their children how get the govt. opportunities belongs to which community whether father community or mother community?
Guest
(Expert) 01 July 2014
Except in some tribal communities of India, where genealogy/lineage is based on mother's community, it is the father after whom the genealogy is known.
Devajyoti Barman
(Expert) 01 July 2014
Yes, father's community unless the couple are separated and child is brought up solely by the mother.
Rajendra K Goyal
(Expert) 01 July 2014
Fathers community, agree with the experts.
R.K Nanda
(Expert) 01 July 2014
no more to add.
malipeddi jaggarao
(Expert) 01 July 2014
Recently I have replied this query in another thread which reads as follows:
Using the mother's caste to the child out of inter-caste marriage is based on how the child was brought up. This was discussed by SC in the following case:
The question of the status of a child born to a scheduled tribe mother from a forward caste father came up for consideration before the Hon'ble Supreme Court of India in Rameshbhai Dabhai Naika Vs State of Gujarat & Others ( CIVIL APPEAL NO. 654 OF 2012- Decided on January 18, 2012) and the Supreme Court held as follows:-
"In an inter-caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father. This presumption may be stronger in the case where in the inter-caste marriage or a marriage between a tribal and a non-tribal the husband belongs to a forward caste. But by no means the presumption is conclusive or irrebuttable and it is open to the child of such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe. By virtue of being the son of a forward caste father he did not have any advantageous start in life but on the contrary suffered the deprivations, indignities, humilities and handicaps like any other member of the community to which his/her mother belonged. Additionally, that he was always treated a member of the community to which her mother belonged not only by that community but by people outside the community as well. In the case in hand the tribal certificate has been taken away from the appellant without adverting to any evidences and on the sole ground that he was the son of a Kshatriya father. The orders passed by the High Court and the Scrutiny Committee, therefore, cannot be sustained. The orders passed by the High Court and the Scrutiny Committee are, accordingly, set aside and the case is remitted to the Scrutiny Committee to take a fresh decision on the basis of the evidences that might be led by the two sides. "
ajay sethi
(Expert) 01 July 2014
agree with experts
Biswanath Roy
(Expert) 01 July 2014
Thanks to Mr. Malipeddi Jaggarao for referring the last decision and views of the Hon'ble Supreme Court in the Appeal Case of Rameshbhai Dabhai Naika vs. State of Gujrat & Ors. decided on January 18th.2012 in Civil Appeal No.654 of 2012 which has applicability to the subject query as conclusive.
malipeddi jaggarao
(Expert) 02 July 2014
No mention Sri Roy saheb. Thanks for your appreciation.
T. Kalaiselvan, Advocate
(Expert) 03 July 2014
I concur the views and pinion of expert Mr. Malipeddi Jaggarao. The child can avail of the privileges that are available to the community the mother belongs, there are numerous settled laws to this issue.
