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Rajeev Kumar (Professioanl Social worker)     08 November 2010

The caste & Category of wife after marriage

Dear All

My one friend got married recently. My friend belong to SC ( scheduled Caste) his wife belong to ST ( Scheduled Tribe). Their marriage was solemnized under special Marriage act-1954.

Now my queries are

1. whether his wife will remain ST? Whether she is entiltled for the provileges reserved for ST candidates?

2. Whether her category will be changed after marriage?

Kindly give your suggestions citing appropriate legal references

Thanks and regards

Rajeev



Learning

 10 Replies

Arvind Singh Chauhan (advocate)     08 November 2010

Her caste will change as SC after marraige, but she can can't claim the benifit of SC but can claim still the benifit of ST. Ther are lots of case laws one is as below-

Caste refers to birth not to the status obtained by matrimony- S.C.D.-2006-Vol-2- Page-810- UTT.

venkat (Employee)     08 November 2010

Related question:

What about the Kids of this family, are they half and half ?.

Avnish Kaur (Consultant)     08 November 2010

good joke half half . in india it is patriachal system for caste

Renuka Gupta ( Gender Researcher )     08 November 2010

Not only for caste but for everything in most part of the country.

Bhartiya No. 1 (Nationalist)     08 November 2010

"What about the Kids of this family, are they half and half ?."

They will have the caste status of their father.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 November 2010

This is regarding caste of the children born in intercaste marriages. Hinduism recognises two types of intercaste marriages. In one case yhe husband belongs to higher caste and wife to a lower caste. It is called an anuloma marriage. If the husband belongs to a lower caste and wife to a higher caste then it is called pratiloma marriage.

In anuloma marriage the children belong to the caste of the mother.  In pratiloma marriage the children belong to a caste even lower than the husbands caste. Devayani, daughter of Shukracharya was a Brahmin girl. She wanted to marry Yayati, a king and hence a kshatriya. First Yayati refused but later married her fearing the curse of her father. Their son was Yadu. Yadu's descendants are Yadavas. As Yadavas including Lord Krishna came out of pratiloma marriage they got the status of OBC,s and reservations.

As Yayati was a kshatriya also a high caste, though lower than Brahmins, Yadavas are not that low in caste.The children will belong to proportionally lower caste with the increase in caste difference in pratiloma marriages. Sometimes the children will belong to comparatively higher Scheduled castes. Those who want to know more may read "Stories for the Innocent" by Rajaji.

MPS Ramani

Avnish Kaur (Consultant)     08 November 2010

mps ramani , any citations/legal reference besides mahabharata?

Originally posted by :MPS RAMANI
"
This is regarding caste of the children born in intercaste marriages. Hinduism recognises two types of intercaste marriages. In one case yhe husband belongs to higher caste and wife to a lower caste. It is called an anuloma marriage. If the husband belongs to a lower caste and wife to a higher caste then it is called pratiloma marriage.

In anuloma marriage the children belong to the caste of the mother.  In pratiloma marriage the children belong to a caste even lower than the husbands caste. Devayani, daughter of Shukracharya was a Brahmin girl. She wanted to marry Yayati, a king and hence a kshatriya. First Yayati refused but later married her fearing the curse of her father. Their son was Yadu. Yadu's descendants are Yadavas. As Yadavas including Lord Krishna came out of pratiloma marriage they got the status of OBC,s and reservations.

As Yayati was a kshatriya also a high caste, though lower than Brahmins, Yadavas are not that low in caste.The children will belong to proportionally lower caste with the increase in caste difference in pratiloma marriages. Sometimes the children will belong to comparatively higher Scheduled castes. Those who want to know more may read "Stories for the Innocent" by Rajaji.

MPS Ramani
"

Rajeev Kumar (Professioanl Social worker)     08 November 2010

Dear Mr Arvind

thank you for reply.

You mean that Wife can take advantage of her ST certificate... but her sir name will be of husband ... of SC... that can be changed through affidavit process.

am I correct?

Kindly correct me and add some more suggestion

regards

Rajeev

Tushan (Lawyer)     11 November 2010

Hi Rajeev,

Caste is a status earned by birth and not by marriage. OnceSC/ST is SC/ST till death. Your wife will remain as ST till her death. Marriage does not chage her social status as far as caste is concerned.

In my opinion children born out of this wedlock can claim benefit through their fathers status of SC.

 

Regards

V S RADHA KUMARI   01 October 2022

I am a married women. Our marriage is inter caste marriage . My husbands caste is OC and my caste is OC. My husband has been expired recently. I have two children. One girl and one boy . I want to change my children's caste into my caste . Can I change my children's caste . Please reply if u know any options 


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