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SAMIYAPPAN(KABILAN)   05 February 2019

Inter Cast and inter religion marriage

Father and mother are inter cast inter cast married, father is Hindu SC community, mother is BC Christian. They have one male child, they given name as JOEL KABIL, Which is combination of HINDU-CHRISTIAN NAME.now father decided that his son way of life through HINDU SC community, then he applied online COMMUNITY certificate .The RI revenue inspector intentionally rejected application, he told the Name JOEL KABIL,is seems to be Christian name so rejected.even though SC community,school TC,and intercast marriage certificate ,special marriage certificate of father,ration card, Now the question is based on name how can we judge religion? So please tell what is the legal proof of religion as recognized by Indian government or self declaration of religion is accepted as legal proof.


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 5 Replies

Vijay Raj Mahajan (Advocate)     05 February 2019

Revenue inspector is a foolish person without knowledge of law with regards to caste of the person. In your case there was Civil marriage where both parties retained their religion. Now children born out of the marriage are free to choose their religion. Keeping any name doesn't show the religion of any person. The father , Hindu belonging to the SC caste can get his children SC caste based on his caste irrespective what is their name. You can seek help of the Deputy Commissioner of the district in this regard is the subordinate officer not cooperating. Option to file Writ Mandamus in the High Court against the authority is open if you're application for caste certificate is rejected.
1 Like

Suhail suhail (LAWYER)     05 February 2019

Agree with Mr. Vijay

SAMIYAPPAN(KABILAN)   05 February 2019

Thanks lot for your valuable guidelines

P. Venu (Advocate)     05 February 2019

Yes, the name of the person has nothing to do with his cast or religion. Take up the matter with the higher authority

Dr J C Vashista (Advocate)     06 February 2019

Very well analysed and advised by experts, I agree.


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