In case of intercaste marriage, which caste the childern
shilpa
(Querist) 27 November 2009
This query is : Resolved
In case of intercaste marriage, then the childern belong to which caste, and the wife belongs to which caste, will she remain in her own community or what. please suggest.
sanjeev murthy desai
(Expert) 27 November 2009
Dear Shilpa,
After the marriage wife belongs to husband caste and children also the same.
Legal Eagle
(Expert) 27 November 2009
As per law, woman after her marriage gets her husbands identity. As such she will profess her husbands religion. Their children also have to profess the father's religion.
I assume that you have had a civil marriage. Please check what religion are your writing in your government documents.
Sachin Bhatia
(Expert) 27 November 2009
After the marriage wife gets her husbands caste as identity and children also the same.
prakash vathore
(Expert) 27 November 2009
there is no compulsion on wife to profess her husbands religion. but the children will belongs to the caste of their father.
Poonam Upadhyay pathak
(Expert) 27 November 2009
After the marriage wife belongs to husband caste and children also the caste of their father.
Swaroop Godbole
(Expert) 03 December 2009
there is no question as to caste of children, that being of their father.
but there is one judgment of some HC stating that caste of wife follow cast of husband but if the husband relates to any preivileged caste then wife can not take benefits of that caste of husbands as she is having other caste by birth.
Gulshan Tanwar
(Expert) 18 July 2010
If wife is from Upper caste and the husband is from underprivileged caste, then the wife gets the under privileged status but if the wife is from underprivileged status and goes to upper caste, then she doesnt looses her underprivileged status, this is a unique ruling of SC.
Children are always of father;
also in Allahabad high Court ruling the HC said that once a reserved category person is opting for unreserved categories vacancy since from that time he is "outcaste" that is no more reserve category.... it means he is general category, this test is also founding debate in SC and only SC knows when they are delivering the judgment.
