Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ram   09 December 2015

Child born out of Inter caste marriage caste

I have seen supreme court order that if father belong to forward caste and mother belong to sc/St child can take mother caste if he was grown up as per sc/St traditions But my doubt is if father belongs to forward caste and mother is obc and if child grown up as per mother caste traditions n was accepted by that community can he take obc caste. Please reply me.


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 6 Replies

siddhartha sinha   10 December 2015

Sorry but its not sc/st "traditions"rather it is the environment of deprivation, humiliation and suffering that is said.The general rule is that child gets fathers forward caste till he is 18. Then he may if he proves that he was brought up in backward conditions, chose the mothers backward caste/tribe to claim benefits. But sc judgement does not say about obc hence child gets fathers forward caste only. It is so because sc/st conditions are more backward than obc . Obc person is only socially and educationally backward. Not like sc st who are historically depressed.

Adv. Yogen Kakade (+ 91 9225510883)     10 December 2015

I agree with Mr. Sinha..

@Ram.. Are you looking for some benifits for the reservations for your child as being OBC?

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

SAINATH DEVALLA (LEGAL CONSULTANT)     11 December 2015

Answer the questions raised by the above experts.

Arunkumar R (Executive)     27 March 2016

What is the caste the child can follow, if father belongs to SC/ST and mother belongs to Backward class? If the father is ready to forgo the benefits and reservations for his child, can the child follow mother's caste?

Bharat Rajak   19 June 2018

Sir, I belong to OBC and My wife is SC. Both r from different states and currently living in Delhi. Our Son born in Delhi. Can my son get benefits of reservation in SC caste of mother?

Bharat Rajak   19 June 2018

Sir, I belong to OBC and My wife is SC. Both r from different states and currently living in Delhi. Our Son born in Delhi. Can my son get benefits of reservation in SC caste of mother?

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