jolly jolly (Doctor) 25 July 2013

Inter caste marriage

I am from kerala and belongs to christian community. i married a hindu ezhava(OBC) girl about 3 years before in my church as per christian custom(after her baptism) and a child on her.

1. whether this marriage will come under the definition of inter caste marriage?

2. whether we can register our marriage as per special marriage Act.

3.whether she can avail the benefit of Non creamy layer?

4.whether i can avail the benefit of an inter caste married employee?

5.whether my child can claim her mothers OBC status?

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4 Replies

(Guest)

@ querist,

1.If your marriage been conducted by converting your girl to baptism before solemnization of marriage,then it is not an intercaste marriage.

2.Your marriage is under Christain Marriage Act 19872. No special marriage Act here.

3.yes.you can avail but under benefits of minor communities.

4. No you can't

5. yes.she will come under minor community.

jolly jolly (Doctor) 26 July 2013

1.sir my wife can still enjoy her OBC benefits even after her baptism?

2. Sir whether it possible to register our marriage as per Special Mariage Act?

3. whether there is any possibility of gaining inter caste marriage status?

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney) 26 July 2013

1. Since your marriage been conducted by converting the girl by baptizing before solemnization of marriage, then it can not be termed as inter-caste marriage.

2. According to you, your marriage is solemnized in Church and hence falls under the Christian Marriage Act. So no question of Special Marriage Act being applicable here.

3. Your wife can avail benefits of non-creamy layer based on her parents financial status.

4. No you can't, avail the benefit of an inter caste married employee.

5. Well, law permits the use of the mothers status, if she belongs to lower castes. So, since she will come under minor community, your son can avail this benefit.