is the caste of bride changes after her marriage.?
phaneendra
(Querist) 08 January 2011
This query is : Resolved
If Mr 'A' belongs To (OC) caste and married 'B' belongs to some (BC) caste then what will be the caste of 'B' after her marriage... ? Is the caste changes to OC or remains as BC and can she is eligible to claim reservation as BC and what will be the caste of children begotten of such marriage.......? Is there any discretion of parents to confer a particular caste to their children .....?
Advocate. Arunagiri
(Expert) 08 January 2011
The caste of A or B will not change. Their children is having the choice of selecting the caste of Either A or B. They can get the community certificate to that effect.
Rohtash Babu Patel
(Expert) 08 January 2011
i think it would be governed by the caste of the husband
phaneendra
(Querist) 08 January 2011
thanks for your advice sir..........
but i think after the solemnization of marriage the surname of the Bride is changed to the Surname of Bridegroom then is that wont create any confusion to the caste of bride because her certificate has a surname and after her marriage her surname may be different......
Arun Kumar Bhagat
(Expert) 08 January 2011
After the solemnization of marriage the surname of the Bride is not changed unless she intends to change to the Surname of Bridegroom, it is optional.
Kirti Kar Tripathi
(Expert) 09 January 2011
AS FOR AS I REMEMBER, THE CASTE OF HINDU LADY IS NOT CHANGED AFTER MARRIAGE. SEE MEERA KUMAR'S CASE.
phaneendra
(Querist) 09 January 2011
will the principle of estoppel govern the bride if she initially changes the caste to that of her husband and later again goes back to her caste ..?
R.Ramachandran
(Expert) 09 January 2011
Dear Phaneendra,
It seems that you are afflicted with some unfounded obsession.
Please note, while one can change one's religion, there is no way by which one can change one's caste.
Therefore, the question of any estoppel against anybody in regard to caste change does not at all arise.
The children will get only the caste of the father - they don't have any choice.
phaneendra
(Querist) 09 January 2011
For Line 2: While one can change one's religion, there is no way by which one can change one's caste. - Just an excerpt - "Even if a female is not a member of tribe by virtue of birth. She having been married to a tribal after due observance of all formalities and after obtaining the approval of the elders of the tribe would belong to the tribal community to which her husband belongs on the analogy of the wife taking the husband domicile." -
This in my opinion has to be interpreted braodly.
for line 1: thanks for understanding.........
R.Ramachandran
(Expert) 09 January 2011
How a matter is to be interpreted broadly, narrowly, strictly or liberally etc., is a thing which you have to fight and get it confirmed/affirmed by the Courts of law. What I have said is based on the legal pronouncements by SC uptil now.
phaneendra
(Querist) 09 January 2011
yes i agree that it should be confirmed/affirmed by the Courts of law but according to your opinion For Line 2:(the question of any estoppel against anybody in regard to caste change does not at all arise.) but i studied a case where the caste is changed and i also mentioned that example above.
Ahmed Daud Girach
(Expert) 09 January 2011
I have come across exactly the same problem.One patel lady (Unreserved caste)married barot(Baxipanch-ECBC -OBC in Gujarat)Barot was employee.Barot expired.To give appointment on comassionate ground as Baxipanch caste-ECBC she produced her marriage certificate.The matter was taken up to Social welfare Officer-Baxi panch at District place.He informed caste will go with father and informed there are a number of cases in civil hospital that sc and st have married and as per rule fathers caste is attached to child.
