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RABIMOHAN JANI (havildar)     09 March 2020

caste of a child from intercaste parents

Father belongs to forward caste and mother belongs to scheduled tribe caste then what is the child caste who has been growing with living his mother?Now father have not given his original name to the child. But now child wants to get all the benefits from his original father. If the child claim that the forward caste man is his father then what he will lose his all benefits for which he has been getting from his childhood and now he is a govt employee?Father have not kept any written evidence by which the child can prove that he is his biological father except one group family photo copy. kindly suggest me what is the right decession for the child? what can he file a FIR against his father who has been giving torcher from his childhood?


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 9 Replies

Dr J C Vashista (Advocate)     10 March 2020

Still patriarchal system is prevelant in India, consequently caste of child shall devolve from father,.

Dr J C Vashista (Advocate)     10 March 2020

Be specific to your query for consideration and obligation of experts.

RABIMOHAN JANI (havildar)     10 March 2020

Father intentionally kept relation with st lady and from them a child was born.Father still didn't give his original identification to that lady as well as to son.Father didn't marry with that lady at all but still he didn't leave her.Now Father got married with another forward caste lady and enjoying their life.st lady has nothing any evidence to prove herself that she is her husband.Now children living with mother and one of them children also govt job under st quota system. Bcoz in odisha if children have been living with mother from the childhood then they may treated belongs to st caste but here question is being arise Father intentionally didn't give his sure name as a husband of st lady. he has given other name who is no anybody. I mean no person have posses that name. Father cheated that st lady and now he threatened to them if they're not giving money to him then he may complain to police then which result the st lady's child may lose his govt job due to fake st caste certificate. So now st lady wants to complain against that forward caste man who is blackmailing.

G.L.N. Prasad (Retired employee.)     10 March 2020

In some states, irrespective of their father's caste, if the child is living with such sc/st persons in the area , irrespective of his caste, he can opt for such SC/ST certificate by establishing with mother's identity, voter card, ration card etc.  The famous Hyderabad  Central University student that committed suicide in HCU belongs to BC but was provided SC certificate only on this count.  Please contact Tehasildar for obtaining such a certificate and meet District Collector on grievance day if Tehasildar refuses.

RABIMOHAN JANI (havildar)     10 March 2020

Omprakash sir kindly suggest me if that st lady claim such issue before court or collector can she win? bcoz that forward caste man has been tourchering and playing with her life and her children's future since 1978.He planned that neither let her free from him to let her marriage to someone nor he gave her a chance for make a good life.He is also a reputed,educated with strong in financial condition.whether that st lady has orphanage.From her childhood she lost her father and mother. she's still very innocent.Then after give assurance for marriage she was kept with him in relationship.She was cooperate that forward caste man for his successful career. After got a govt job that forward caste man married to another lady for dowery and abandoned that st lady with her new born baby. After that when villagers ask him for reason why he did so then he assured villagers that he look after her and her baby for their bright future.But time after he played a nasty game with the st lady that he strictly asked that not keep relation with others. Always maintain gap.Then he didn't let her free and always tried to show people and tried make proves that how he is caring for st lady with her baby.Then continuously keep in relationships she gave another two babies.But question is being arise that with his clever mentality as a husband he already proof himself within society but with his financial power he didn't mention his original name on documentation.he didn't mention his name as a father when he made school documents of their children. Instead of his real name he gave another name which is still continuing.That forward caste man was doing govt job as a teacher and luckily the st lady got a job in education sector as a peon.But all documents were made by forward caste man. bcoz st lady was still believe on him that he can give good education for her children.After showing sweet dreams he always taken her all salary from her school.Actually he never wanted to make her financial strong neither make her children's well education.So always he could proofhimself within society that he is still able to care for them.Now time has changed at last he got successful in his planning and retired himself from the govt job and now staying far from this st lady after making dividing policy within her family with make his own child as a drunker.Everyday within her family members shouting each other.He is still wanting to spoil st lady with her children's life. Now he threatened to them that you can't do anything against me bcoz you have no any evidence which make me proof that I am your husband... another important thing is now st lady's son got a govt job on st ground. Now that cruel person threatened them if anyone trying to do anything against me then you will lose your job also. So now they are helpless. since 40yrs they have been getting tourcher. Now my question if the child claim that his biological father is from forward caste which is not yet been mentioned in his certificate can he get justice? what he gets his original father's name? If it will proof that he is the children of a forward caste father and st caste mother then what the children lose their st caste advantages which they have been getting from their childhood? bcoz this is made by that person who is actually biological father of that children. Peaple know that he is that person who keep the st lady with her children but that man telling that I have money I can heir a good advocate but you can't... so pls without a family group photo there is nothing any evidence that make him proof he is the biological father... Now st lady lost her handicap son who may get cure but that person didn't help her and her son get died. So she is wanting to claim her rights for their children. Is it possible by DNA test?Will the children stay with her mother and get all the benefits of st after getting their biological father's name in their certificate? Is it not influence on govt job sector of the child when mother will claim? So this matter is very complicated.Its not a mood of revenge. it's the time someone cheat an innocent st lady and trying to spoil his all evidence by directly or indirectly applying his dividing policy among their family members... so plz kindly suggest what should the st lady do????

G.L.N. Prasad (Retired employee.)     10 March 2020

The proper course of action in these cases should be to report such atrocities to Commission and involving women and ST voluntary organizations.   They have all such expertise and dedication to do justice in such cases including getting admission of the son to a residential school or getting proper employment for both.

RABIMOHAN JANI (havildar)     10 March 2020

Om prakash sir my mob no :
7978279261 JIO ,9438345838BSNL with Whats app no... I am very happy today you are ready for discussion of very very complicated matter which number of advocates became failure to make a good decision.Thank you

RABIMOHAN JANI (havildar)     11 March 2020

it's true that living conditions and innocence mentality of adivasi people are very poor and they always suffering such types of issues but due to lack of evidence they became compromise themselves.So forward caste nasty mentality people keep relationship with them and abandon them on road.such like use and through but I will sure give her justice any cost.... Thank you

Shashi Dhara   13 March 2020

Go and engage advocate and file declaratory suit against biological father to declare that he is biological father all advocates cannot purchased even if he is rich or influential political man.without throwing stone to tree fruit never falls.see N.d thiwaris case
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