Rajashree 16 July 2020

Caste certificate in mothers name

Dear All,

Seeking your valuable suggestion on the same.

My name is Rajashree and i am from Karnataka. I belong to SC and my husband is Brahmin . we have a girld child 11 years ols and intending to make a caste certificate for her based on mine.

I am staying with my child in my mothers house since she was born. I take care of my child and my hsuabnd is not staying with us. we had a small argument and he is not with us.

I have a valid caste certificate issued and my father also has a valid certificate issued in 1963.

my school records shows my caste . My child school record also shows my cast.

My hisband and me are only seperated we are not divorced.

Can i based on te above information make caste certificate for my child.

Thanks in advance

Rajashree

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5 Replies

Shashi Dhara 16 July 2020

You try but not gaurantee,usually father's caste is considered .if situation worsens with your husband then for justice you may approach high court.

Dr J C Vashista (Advocate) 17 July 2020

Your child can have caste certificate of his/her father and not of mother.

P. Venu (Advocate) 17 July 2020

It is the general rule that the child takes up the caste of the father. However, it is the settled legal position that the child would belong to the mother's cast or community in circumstances where the child was brought up in the mother's community. In the facts posted, the child belongs to the mother's caste/community and hence entitled for the certificate accordingly.

G.L.N. Prasad (Retired employee.) 17 July 2020

Even when you were married, if you are living separately from your husband as a deserted woman and bringing up your son in a locality where SCs are brought up like slums etc., The Revenue inspection can represent the facts and Tehsildar may consider recommending for the issue of such caste certificate with a detailed note and the joint collector may permit for the issue of such certificate due to the rare circumstances. My opinion is based on the Rohit Vemual (Hyderabad University -Suicide case) SC certificate when both of his parents are from OC, but he was brought up in SC house, where his mother was working.

G.L.N. Prasad (Retired employee.) 18 July 2020

A Supreme Court bench of Justices Aftab Alam and Ranjana Prakash Desai in the case of Rameshbhai Dabhai Naika vs State of Gujarat & Ors on January 18, 2012 upheld the jurisprudence that a caste certificate can be issued to a child born out of intercaste marriage in which one of the spouses is a Scheduled Caste or Tribe.