LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

srinath   12 February 2017

Fake sc certificate

An OBC women married a OBC man and 2 children were born out of their wedlock.Her husband passed away.She again married a SC man and claims SC reservation for both her children.Is this possible.?? Can someone pls explain me the authority to whom should i complain about this issue??



Learning

 6 Replies

Ms.Usha Kapoor (CEO)     12 February 2017

Normally inIndia a wife embraces husband's caste. So she has every right to claim SC status  by virtue of  jher marital relationship  with her SC husband.


(Guest)

The question was, can the *children* claim SC status. The answer is no. She cannot attribute her caste to her children who were born to a father of a different caste. For that to happen, the current husband must legally adopt the children.

Dr. Atul [9013898936] (Lawyer, Scholar)     12 February 2017

Interesting question and the solution, I think is not all that cut-and-dried. The general considration in such matters is that a wife takes the Caste of the husband and yet, a 'forward' Caste female is usually not entitled to uplifiting/enabling provisions of law if she marries a male belonging to a 'backward' caste [see the dilemma in Rameshbhai Dabhai Naika v. State Of Gujarat & Ors (2012) 3 SCC 400; also a summarization of previous position].

In Meenaben Kanubhai Solanki v. State of Gujarat, a lady was seeking Caste Certificate after her marriage with one Kanubhai Solanki, not for herself, but for her children born of her first marriage with one Lalitkumar Tripathi. Since the High Court of Gujarat had not been called to adjudicate the question, it gladly dropped it into the lap of comptent authority [outcome unkown to me]

...the said issue is of serious consideration by the competent authority who shall have to examine with proper care and caution as to whetherth children from first marriage with Mr. Lalitkumar Tripathi are entitled to claim such 'Caste Certificate' (i.e. Scheduled Caste Certificate)...The competent authority may take up the representation of the petitioner for consideration and pass appropriate order strictly in accordance with law and applicable provisions, policy and legal position settled by the decisions of the Court ... It is clarified that present order shall not be construed as an acceptance of the petitioner's request. It is clarified that the Court has not entered into the merits and has not expressed any opinion on merits.

Suri.Sravan Kumar (senior)     12 February 2017

I agree with Sarma


(Guest)

Thank you Sir. I'm honored.

Sudhir Kumar, Advocate (Advocate)     18 February 2017

I tend to disagree with all the views  to the contrary.

Caste status is acquired by birth only. Marriage of self or of mother doe snot alter the status.

Marying SC husbad neither confers SC status to her nor to her children.

 

She will get caste status of her father and the children will get status of their father.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register