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Parents are divorced whose caste can I claim


07-Jul-2023 (In Family Law)
My parents are divorced at my age of 5 yrs,Father is Oc and mother is Obc Now I belong to which caste ??? As per supreme court ,In a case similar to this When parents get divorced ,Court said as children Grown up at mother and children not enjoyed any benefits from father or his community Children can be treated as mother caste ie Obc? By this I'm OC or Obc ?
Answers (2)

Answer #1
846 votes
SIR/MADAM.
In inter caste marriages generally children will get the fathers name and caste as their sir name but in your case option is given to the children to select their caste.
supreme court while deciding this type of cases said that as the father relinquished his responsibility towards the children and by not providing any facilities to the children, the option was given to the children to choose their caste or community.

Answer #2
738 votes
Hi
Since your parents were divorced when you were at age of 5 years and you were brought up by your mother in her family environment, you are entitled to OBC status. Your mother should submit her OBC caste certificate and apply for your OBC caste certificate based on her income proof and divorce decree.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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