Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

with regard to caste.

(Querist) 15 March 2009 This query is : Resolved 
Hindu (SC) women married with a Musleem. after her marriage she converted in to musleem. Now the problem is : the childrens of their belongs to which community. which cast can considering either mother caste (SC) or father caste Iminority).
AEJAZ AHMED (Expert) 15 March 2009
As per me applicable 'CAST ' & 'COMMUNITY ' for the children in question is their 'FATHER'S' cast not the mother's one.

Because, after marriage she has converted from 'Hinduism' to 'Islam' and there is no such cast (i.e SC) for the Persons, who belongs to Islamic Relegion .

So, the applicable Cast & Community of a Muslim Child is related to their " Father's" only.
M. PIRAVI PERUMAL (Expert) 15 March 2009
The caste for the children in question is their 'father's' caste and not the mother's one.
SANJAY DIXIT (Expert) 15 March 2009
Dear vinod,
Pls be specific to your querry.
You have said-"after her marriage she converted in to musleem."
In this case how the marriage was performed? Whether it is religious marriage?
As for as I know for inter-religion marriage one party should be converted into other party's religion "before the marriage".
There should be no confusion regarding the caste of the children as the religion status of the spouse is same at the time of marriage.
In case of Special Marriage, where the religion of the parties remain unchanged at and after the marriage, the position is differ.
K.C.Suresh (Expert) 16 March 2009
Sanjay is correct. vinod be specific otherwise it will be a mere waste of time. dear vinod, because each question is studied and answer prepared with an expert line. That needs some homework. Homework for lawyers who are busy with their own schedule coupled with this kind of honoray work needs speedy disposal. So all friens give detailed querry for a clear cut answer to the point
RAKHI BUDHIRAJA ADVOCATE (Expert) 16 March 2009
I also endorse the views of my Ld. friend Mr. Dixit.
Adv.Shine Thomas (Expert) 27 March 2009
Adv.Shine Thomas (Expert) 27 March 2009
Children belong to their father's caste


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :