change of status of a SC woman after love marriage
S.B.adil rahman
(Querist) 10 February 2010
This query is : Resolved
A woman belonging to Scheduled Caste fell in love with a man of higher caste. They got married. My question is whether the woman who was earlier a member of Scheduled Caste has lost her status and previleges of SC laws e.g reservation in job etc. after the marriage from a man of higher caste? if not lost then what will be the status of her children who will born out of the wed lock of a SC woman with an General Category man? Pleaseanswer with the relevant laws and Apex Court decision in similar cases which is the guideline.
N RAMESH.
(Expert) 11 February 2010
//whether the woman who was earlier a member of Scheduled Caste has lost her status and previleges of SC laws e.g reservation in job etc. after the marriage from a man of higher caste?//
No. Status is attached to the individual and it is not affected by marriage.
//if not lost then what will be the status of her children who will born out of the wed lock of a SC woman with an General Category man?//
Normally the children are given the caste of either of the parent. On majority they can choose any one of their parent's community.
//Please answer with the relevant laws and Apex Court decision in similar cases which is the guideline.//
Study or search for it.
S.B.adil rahman
(Querist) 11 February 2010
Thank you for your prompt answer. On February 2010 Bombay High Court in Cr Application no 2347 of 2009,Rajendra Shrivastava Vs The State of Maharshtra has reiterated your views in the back ground of the rulings of the Apex Court's constitution bench in case of V.V.Giri Vs Suri Dora reported in (1960)1SCR42. Viewers may study the case law at the website 'legalprespectives.blogspot.com'
S.B.adil rahman
(Querist) 11 February 2010
I correct myself,its web site http://legalperspectives.blogspot.com/2010/01/woman-retains-sc-status-after-marriage.html. You can search the site in google by typing "law in prespective". This is very informative site containing a lot of interesting legal news and articles.
adv. rajeev ( rajoo )
(Expert) 12 February 2010
In my opinion the caste of the married woman should change after her marriage to the upper caste man.
Because she becomes the member of the upper caste family, she uses his name to identify her. And so on the children .
S.B.adil rahman
(Querist) 12 February 2010
Rajiv ji, but how can our logical opinion change the opinion of the Supreme court or High Court? The ruling which I referred earlier is crystal clear and has blocked all the avenues until it is decided by a larger bench.
