cpc

caste certificate in mothers name


Dear All,

 

Seeking your valuable suggestion on the same.

 

My name is Rajashree and i am from Karnataka. I belong to SC and my husband is Brahmin . we have a  girld child 11 years ols and intending to make a caste certificate for her based on mine. 

I am staying with my child in my mothers house since she was born. I take care of my child and my hsuabnd is not staying with us. we had a small argument and he is not with us. 

I have a valid caste certificate issued and my father also has a valid certificate issued in 1963.

my school records shows my caste . My child school record also shows my cast. 

My hisband and me are only seperated we are not divorced.

Can i based on te above information make caste certificate for my child. 

 

Thanks in advance

Rajashree

 
Reply   
 

You try but not gaurantee,usually father's caste is considered .if situation worsens with your husband then for justice you may approach high court.
 
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Deputy Manager

Since you are married to a upper caste Hindu husband, so your son will also be treated a upper caste Hindu, as India is patriarchal country barring the Meghalaya State. No other logic will work in your favor to acdeclare
 
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Lawyer

Your child can have caste certificate of his/her father and not of mother.

 
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Advocate

It is the general rule that the child takes up the caste of the father. However, it is the settled legal position that the child would belong to the mother's cast or community in circumstances where the child was brought up in the mother's community. In the facts posted, the child belongs to the mother's caste/community and hence entitled for the certificate accordingly.

 
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Retired employee.

Even when you were married, if you are living separately from your husband as a deserted woman and bringing up your son in a locality where SCs are brought up like slums etc., The Revenue inspection can represent the facts and Tehsildar may consider recommending for the issue of such caste certificate with a detailed note and the joint collector may permit for the issue of such certificate due to the rare circumstances.  My opinion is based on the Rohit Vemual (Hyderabad University -Suicide case) SC certificate when both of his parents are from OC, but he was brought up in SC house, where his mother was working.

 
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Deputy Manager

How mean GLN Prasad you are, to imagine that SCs are brought up in slums. You look to be a upper caste Hindu chauvinist. Even Dr. Bhimrao Ambedkar or the current President of India had never stayed in the slums, though it is likely that you may have been. 2) The original querist Smt. Rajshree has neither been expelled from her husband's house by her in-laws or husband, nor abandoned by her husband. She hasn't been either legally separated from her husband, but instead has been residing with her parents of her own will. Which may be her attempt to mislead the entire world to get the SC status for her daughter.
 
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Retired employee.

A Supreme Court bench of Justices Aftab Alam and Ranjana Prakash Desai in the case of Rameshbhai Dabhai Naika vs State of Gujarat & Ors on January 18, 2012 upheld the jurisprudence that a caste certificate can be issued to a child born out of intercaste marriage in which one of the spouses is a Scheduled Caste or Tribe.
 

 
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Deputy Manager

43. 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. Please read that judgement which you have quoted and I have copy/pasted para 43 of it for your convenience. No thanks for only quoting the news link by you. Anyway, it is the girl and not the mother to lay such claim, if any, but before that mother has to file various domestic related case against her husband, which she hadn't since last 10 years or so.
 
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