cpc

Regarding change of religion

This query is : Resolved 
 


Querist : Anonymous (Querist)
08 August 2020

I was married as per Christian rituals.My husband is converted from hindu to Christianity and is also SC.He forces me and my daughter to change our caste too.They are enjoying dual benefits....benefits of Sc as he is in government job and also as a Christian..How can I prove this in court?I also have filed a petition for dv.Can an individual enjoy benefits of SC and can he force us to change our documents.


SHIRISH PAWAR, 7738990900Online (Expert)
08 August 2020

Hello,

You can change your religion from Hindu to Christian but you cannot change your caste. Your caste will remain same. Your daughter can claim benefits under SC category. You can complaint your husband only if he has concealed his religion while applying for govt. job.

Rajendra K Goyal Online (Expert)
08 August 2020

Caste is counted by birth; he is enjoying benefits of SC as he was born in a caste covered in SC category.

kavksatyanarayanaOnline (Expert)
08 August 2020

No one can change his/her caste. Since he is born as SC he can enjoy those benefits. Nowadays so many people born as SC and they will take christianism.

Dr J C VashistaOnline (Expert)
09 August 2020

Your husband has adopted / converted to be Christian to get married with a christian lady, otherwise he is and shall remain Hindu / SC.
Similarly your daughter shall / can seek benefit of her father's caste of SC but not of mother's christian.

Dr J C VashistaOnline (Expert)
09 August 2020

Where do you intend to prove fraud committed by your husband?
It i.e., benefit of being SC as well as convertion of Christian from Hinduism, do not affect in a complaint under section 12 of the Protection of Women from Domestic Violence Act, 2007 for any of the relief / relieves claimed by you.

Sudhir KumarOnline (Expert)
09 August 2020

no doubt he is committing a fraud.

In all probability he has misled the revenue office regarding religion hence got SC certificate without being Hindu. His application as well report of Patwari can be got under RTI Act. This is possible with/without connivance of patwari.

Secondly his deptt has not bothered to follow mandatory rule of reviewing cast status on every promotion/confirmation. So even if he was Hindu at the time of origi9nal certificate still he was bound to disclose. truth on getting fresh verification.

Your daughter if getting reservation benefit will also be committing a crime as her father is not a valid SC.

Secondly even if he is lawfully SC still you and are not entitled to reservation. He cannot force upon to commit crime.

Notwithstanding above, no action against him will be possible by Police of his deptt unless The DM cancels the caste certificate after a brief inquiry where he will be given a chance to prove that he is Hindu.

A. A. JOSEOnline (Expert)
09 August 2020

Relevant facts/clarifications are imperative please. There is no Caste system in the Christian religion. You have not disclosed as to what was your Caste before marriage? Whether both of you were converted from SC caste and adopted christian religion or only your husband? Once a person is converted from the SC/ST or other such Castes/community and becomes a Christian, under the prevailing law in our country today, he/she will not be entitled to the Caste benefits otherwise available to him/her . Therefore, please give entire facts for a proper consideration of the issue before giving opinion.

J K AgrawalOnline (Expert)
09 August 2020

Opinion of Mr Jose is different to all other experts. the issue in this question can be summarized that If a person Hindu SC converts himself as Christian if he is entitle of benefits of SC or not?

P. Venu Online (Expert)
09 August 2020

The settled legal position is that Caste is unique to Hindu Religion. So, if a person belonging to SC community gets converted to another religion, that person no longer is entitled to the concessions/reservation as a member of the SC community. In this context, a Hindu includes a person who is a Budhist, Jain or Sikh.

As regards to ST, the status because of the locality and its backwardness. Hence of change of religion is of no consequence. Thus, the Muslims and Christians of Jharkhand belong to ST.

Now, in the instant context, if the husband had changed his religion subsequent his joining the public service, the matter is no consequence; the change in religion does not dis-entitle him from service. As regards to daughter, she cannot be considered as SC so long as her parents are Christians. The situation could change if the father reconverts to Hinduism and she is brought up by the there after.

Sudhir KumarOnline (Expert)
09 August 2020

The clarification given by Mr Jose is not different from other views.

Every caste certificate has a printed annotation that the person does not belong to any religion other than Hinduism/ Sikhism /Buddhism.


Querist : Anonymous (Querist)
10 August 2020

Thankyou for your opinions.His father had converted to Christianity and husband has got govt.job just 10 years back on the basis of hindu sc and still getting all the benefits.We got married as per Christian marriage act and he has furnished all certifications of converting to christian.I am christian by birth.When his father had converted that is proof they became Christians but for sake of getting govt.job and benefits they use hindu sc documents.What legal actions can a wife take?


Querist : Anonymous (Querist)
10 August 2020

Thankyou for your opinions.His father had converted to Christianity and husband has got govt.job just 10 years back on the basis of hindu sc and still getting all the benefits.We got married in 2018 as per Christian marriage act and he has furnished all certifications of converting to christian.I am christian by birth.When his father had converted that is proof they became Christians but for sake of getting govt.job and benefits they use hindu sc documents.What legal actions can a wife take?


Querist : Anonymous (Querist)
10 August 2020

Can I prove him fraud for cheating me . As i wasnt aware about his hindu sc .He proved to be a Christian at the time of marriage but he is a Hindu.I have already decided to file fir against him because of other family disputes.

Sudhir KumarOnline (Expert)
10 August 2020

hiding religion is a valid ground for divorce. his cast certificate is valid proof of hiding religion.

this also a valid ground for cancellation of cast certificate if he has obtained cast certificate while being christian and continued to use it even becoming christian if certificate was before conversion.

If certificate is cancelled by DM then he is liable for disciplinary as well as criminal action.

J K AgrawalOnline (Expert)
10 August 2020

Thanks to Ld advocate Mr P venu.

A. A. JOSEOnline (Expert)
10 August 2020

As clarified by you now, if he had married you
as per the Christian rites by falsely declaring that he is a Christian, then you have a genuine cause to proceed against him for cheating and also moving for divorce if you so desire.

P. Venu Online (Expert)
10 August 2020

Certainly, you can seek divorce. But there is no certainty that your husband would be charged or punished for fraud or that he will face disciplinary proceedings or that he will lose his job.

Rajendra K Goyal Online (Expert)
10 August 2020

You have already proceeded, let the court decide as per situation before it..

Sudhir KumarOnline (Expert)
10 August 2020

during the whole query I could not under stand

you said your husband is converted christian

who is "converted christian" in India



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