Sc/st case
Sanjeev
(Querist) 10 January 2012
This query is : Resolved
Hi
I am Sanjeev, My wife belongs to SC and I belongs to OBC caste because of Love marriage. She got Job in Kendriya Vidyalaya on the basis of BC certificate but after our dispute she first lodge FIR 498A and then SC/ST act so. pl. tell me that she got benefits of OBC and SC also is SC/ST applicaple on me and my family members. pl. Reply. Thanks
Devajyoti Barman
(Expert) 10 January 2012
Yes she is enttiled to get the benefit of SC , ST Atrocities Act.
Sudhir Kumar, Advocate
(Expert) 10 January 2012
I agree with Mr Burman but I add that she has committed a fraud. Caste status is acquired by birth and not changed by marriage. She has got job as OBC candidate (27% quota). She was entitled only as SC (15%) quota. She might have obtained OBC certificate falsely claiing to to oBC and also misstating the aspect of creamy layer. SHe is criminally liable besides disciplinary action by Deptt. I know one person facing CBI trial for falsely claiming to be SC. She has falsely claimed to be OBC.
V R SHROFF
(Expert) 10 January 2012
u use her declaration of OBC to defend ur Atrocity, as u r not aware of her caste.
bal 498a u hv to defend
If no child, divorce her, w/o payment of Mtn.
If she loose job, u have to pay her lifetime. so only use her OBC,
forget she was SC.
Arun Kumar Bhagat
(Expert) 10 January 2012
Sec.115 of the Evidence Act i.e Estoppel shall apply upon her.
Advocate. Arunagiri
(Expert) 10 January 2012
What is her caste/community in her community certificate and other certificates.
She can not change her community as per her wish.
Raj Kumar Makkad
(Expert) 11 January 2012
She cannot use the special act against you as your had a love marriage clearly knowing caste of each other so there is no question of harassing her on the basis of caste though the allegations of harassment on the basis of marital relations are constant in nature.
You can use her fraudulant act against her so that she may be pressurized to withdraw her case.
Deepak Nair
(Expert) 11 January 2012
I agree with the views of Mr.makkad
prabhakar singh
(Expert) 11 January 2012
Do not challenge her Job but prove her to be OBC from her own admission in defence of SC ST as doing job she would not be able to claim maintenance from you and and in bargain of this you can get rid of her by divorce,may be mutual.She is exposed to greater risk by her own deeds and is defenseless and on your mercy.
Shonee Kapoor
(Expert) 12 January 2012
I endorse the views of Ld. Mr. Makkad and advise of Ld. Mr. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 14 January 2012
I agree with Mr Prabhkar Singh. First challnage her SC status in court on the basis of her service record [(i) ist page of service book (ii) caste certificate given by her (iii) reservation roster of deptt giving her name against OBC quota. After the case file by here is defeated then you can hit upon her job and give a compaint to Chief Vigilance officer of KVC.
