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jammy (exec)     23 February 2011

caste of child

in case of girl from a Forward Caste and guy from Schedule Caste, is there any regulation / law in getting marriage registered?

who will get to decide the caste of the child and what caste will the child get? can the child take the caste of the mother i.e forward caste? also is there any certificate that will be issued to the child for forward caste?



Learning

 4 Replies

Amit Pateria (Advocate & Consultant (Law) Supreme Court of India New Delhi)     23 February 2011

A person who is a high-caste Hindu and not subjected to any social or educational backwardness in his life, by reason of marriage alone cannot ipso facto become a member of the Scheduled Caste or the Scheduled Tribe legally it means that dispite the marriage to a SC/ST member, the wife continues to be of the cast she was prior to her marriage."The guiding principle is that no person who was not a scheduled caste/tribes by birth will be deemed to be member of scheduled caste or scheduled tribe merely because he or she married person belonging to scheduled or scheduled tribes.

Now as fat as the determination of the case of the offsprings out of the said wedlock is concerned Determination of caste of a person is governed by the customary laws. A person under the customary Hindu law would be inheriting his caste from his father

Even if a female is not a member of tribe by virtue of birth. She having been married to a tribal after due observance of all formalities and after obtaining the approval of the elders of the tribe would belong to the tribal community to which her husband belongs on the analogy of the wife taking the husband domicile hence the issues out of the said wedlock would  inheret the fathers dimicile."

Amit Pateria (Advocate & Consultant (Law) Supreme Court of India New Delhi)     23 February 2011

as far as registration of marriage is concerned, it is mandatory to get a registration certificate issued.

naag (law officer)     25 February 2011

friends,

i request ur valuable advise and case law on about, where the father of a girl is farward caste,

mother belongs to SC, the girl born out of their welock and she has got job on SC catogory,

please advise me i need a caselaw on this aspect

 

with reagrds

M.NAGARAJU

HYDERABAD

Sudhir Kumar, Advocate (Advocate)     26 November 2011

Marriage between 2 hindus is valid. The caste status cannot be aquired by any boy or girl by marriage with SC Spuce and child will carry caste status of father only. Mr Amit Pateria has elabortely clarified.


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