Caste of a an OBC woman after marrying a General Man
Querist :
Anonymous
(Querist) 20 March 2019
This query is : Resolved
Dear Sir/Ma'am
I belong to OBC (NCL) and my husband belongs to General Caste. My application for OBC (NCL) is rejected as the government officials said that only my husband's income will be considered in such a case. When I told them about Dopt mamorandum's point no. 8 uploaded on NCBC website stating that only parents' income will be considered, then they had another objection that even my caste has been changed after marriage. Sir, I seriously need this certificate. How can I prove that a person's caste does not change after marriage? Most of them are senior citizens and it is very difficult to make them listen to me. Kindly guide what should I do? By which document can I prove that a person's caste is determined by her birth? please help asap.
Regards
Dr J C Vashista
(Expert) 21 March 2019
You can not avail benefit of reservation after marriage with a "general category" person.
Guest
(Expert) 21 March 2019
Supreme Court Bench of Honorable Justice Arun Mishra and M.M.Shantangoudar had pronounced on Jan---20--2018 that " A Person's Caste is unilateral and can't be changed after marriage for any reason.Caste decided by birth, can't be Changed by marriage "
Guest
(Expert) 21 March 2019
Write to the concerned Authorities in detail down loading this Supreme Court Judgement . Let your letter be drafted with the help of an local good Advocate.
Guest
(Expert) 21 March 2019
Write to the concerned Authorities in detail down loading this Supreme Court Judgement . Let your letter be drafted with the help of an local good Advocate.
Guest
(Expert) 21 March 2019
Write to the concerned Authorities in detail down loading this Supreme Court Judgement . Let your letter be drafted with the help of an local good Advocate.
Guest
(Expert) 21 March 2019
Regret for being repeated please
Guest
(Expert) 21 March 2019
Depending on the situation and circumstances you could also serve a Legal Notice regarding the same
Guest
(Expert) 21 March 2019
More over in Ramesh Dabhai Naika VS State of Gujarat case Supreme Court Bench of Honorable Justice Aftab Alam and Justice Ranjana Prakash Desai on 18th Jan--2012 it is observed that " DID NOT SAY that a child born to a couple who married transgressing the barriers of caste would take the community/caste of his/her father and not that of his/her mother.
Guest
(Expert) 21 March 2019
On the Contrary the Supreme Court had categorically pointed out that answer to this question would depend up on the circumstances in which the child was brought up and that the same was primarily one of the facts.
Guest
(Expert) 21 March 2019
In 2009 the Madras High Court Justice Arumugaperumal Adityan had ruled that " A child born out of inter caste marriage was Free to Choose his/her Caste from either of parents "
Guest
(Expert) 21 March 2019
You should mention all these Citations in your Letter to Justify your Pleadings.
Guest
(Expert) 21 March 2019
When the Children of Inter Caste Married Parents it self has the choice of choosing their caste from that of their parents the wife whose marriage is inter caste marriage should not be/ can not be treated as she had converted her caste.
P. Venu
(Expert) 21 March 2019
May be your caste has not changed. But for deciding OBC status, the income relevant for a married woman should be that of the husband, not the parents.
K.K.Ganguly
(Expert) 23 March 2019
1. Caste is determined based on the caste of father and not on the caste of husband.
2. So, she will get the privilege of being an OBC by birth.
Guest
(Expert) 23 March 2019
Well Advised by Advocate Mr.K.K. Ganguly
