Priya (exec) 30 January 2015

Child community

Hi Sir,

I belong to Hindu brahmin and married muslim under special marriage act. I have a kid who is two and half years.Can I state her caste as OC hindu? because we never got converted.

In the case i wish to prove her community as OC Hindu, what needs to be done.PLease help. I have her school preKG interviews lined up and been told to carry community certificates.

Thank you,

Priya.K

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6 Replies

Naveen Kumar (service) 30 January 2015

No, You can't state your daughters caste as Hindu, As per law children belongs to their father's caste/religion, even though you belongs to SC/ST you can't mention your kids caste as hindu.

Advocate Ravinder (Advocate/Attorney) 30 January 2015

I slightly disagree with Naveen Kumar. In inter religion marraiges, child's religion will be decided on how they have brought up i.e. in what way the child credle ceremony was celebrated and in what way the child birth day was celebrated i.e. according to Hindi rites or Muslims rites.

Coming to producing certificate into the School. You have to apply for certificate of the religion of the child in the MRO (Tahasildar). Along with application you have to produce your religion certificates. And you have to complete some formalities. As you have done your marraige under Spl. marraige Act, you should also produce the marraige certificate to the MRO.

T. Kalaiselvan, Advocate (Advocate) 01 February 2015

There is nothing wrong in the child following mother's religion. It is accepted, valid and legal. Therefore, you can proceed with your child's religion as per your proposal but please consult your husband and have his formal consent so that he does not raises an issue in the alter stage as a biological father.

Priya (exec) 02 February 2015

Thank you,

Sir Mr. Ravindar.P and Mr. T. Kalaiselvan.That was okay with my husband to follow hindu religion as I did not get converted into muslim.Community certificate for OC is not required, hence i did not apply for her community certificate.

Thanks again,

Priya

Naveen Kumar (service) 02 February 2015

Mr.Ravinder and Kalaiselvan Sir,

Thanks for updates, But in some Supreme Court judgement it was mentioned that child belongs to father's caste/religion, This may be challenged/amended. Anyhow Thanks.

ssrr (dasdas) 04 February 2015

Sir, I am also in same situation I am FC and I married SC. So can I have my child FC given in school. IS it legal? I read in some place G.O.Ms.No. 477 that child shall be considered to belong to either the community of the father or the community of the mother according to the declaration of the parents

Is this correct so can I have my child as FC mother community legally and is this tamilnadu order valid throughout india

Kindly update me