Clarification on change of caste after marriage from OBC to general
20-Mar-2023 (In Civil Law)
I am belong from obc category.and married to general caste category boy.after marriage now in which category (obc or general ) am consider ?? Or if i will consider obc then my obc cerificate contains my father name or my husband name.because i have to fill a foam.then i want to know all that ??plz guide me.
As per the law laid down by the Hon'ble Supreme Court in a judgment delivered on 19.01.2018, the caste of a person is recognised as per his birth and the fact of marriage shall not affect his caste in any manner.
Your OBC Certificate is perfectly valid and you can avail all the benefits for your yourself which you were availing before marriage. And since caste is determined by birth it shall always have father's name only. Use the certificate as it is. Please remember that it is only you who is entitled to the benefits of reservation, neither your husband nor your children since your husband belongs to general category. Hope this satisfies your querry!
Your OBC Certificate is perfectly valid and you can avail all the benefits for your yourself which you were availing before marriage. And since caste is determined by birth it shall always have father's name only. Use the certificate as it is. Please remember that it is only you who is entitled to the benefits of reservation, neither your husband nor your children since your husband belongs to general category. Hope this satisfies your querry!
Can a child get mother's caste?
The child inherits the caste only of the father. In certain circumstances, such as if the mother has been divorced or is widowed, the child may get the caste that his/her mother holds.
What is it called when you marry a woman of higher caste?
The Sanskrit word Pratiloma, which is used in the Laws of Manu or the Manusmriti (Shraddhadeva Manu), is used to describe an hypogamous marriage between a woman of high birth and a man of lower birth.
What if a sc girl marries a general boy?
The girl will be a candidate for general election. Her child would have a caste of Sc/ST. If the other way around, a SC/ST guy marries a general man then neither his child nor he gets any reservations.
Does OBC status change after marriage?
Marriage cannot change the caste. You will remain in OBC status and your husband will not affect it. - Children born from your marriage will also get OBC status, even if your husband is in the upper/GEN category.
You will remain member of OBC caste and marriage cannot take away benefits vested in you. You may write the name of father or husband as required in the form and submit the OBC certificate. Law has been settled by Supreme Court of India on this issue.
As per latest Supreme Court judgment and clarification, your caste remains same even after performing inter-caste marriage and you can fill form by keeping same details ahead containing your father's name as well.
Even after changing your name or surname, you can use your same caste certificate by clarifying the position through affidavit or newspaper cutting.
Even after changing your name or surname, you can use your same caste certificate by clarifying the position through affidavit or newspaper cutting.
In India, a person's caste generally does not change after marriage. Caste is typically determined by birth and is not altered through marriage. Here are some key points related to caste and marriage:
- Caste by Birth: Caste in India is primarily based on a person's birth, and it is not influenced by marriage. Individuals belong to a particular caste by virtue of their family background and heritage.
- No Caste Change Through Marriage: Marriage between individuals of different castes, known as inter-caste marriage, does not lead to a change in one's caste. Both spouses retain their respective castes even after marriage.
- Caste-Related Legal Aspects: In some cases, there might be disputes or legal matters related to caste, especially in cases of inter-caste marriages. However, these disputes typically revolve around social or legal issues and do not result in a change of caste.
- Legal Provisions: Indian law recognizes inter-caste marriages and provides legal protection to couples facing social discrimination or harassment due to their inter-caste marriage. There are also laws in place to prevent caste-based discrimination.
- Caste Certification: Caste certificates issued by the government are based on a person's birth and family background. These certificates are used for various purposes, including education and employment.
Answer: A womans caste is determined by birth. The caste of an individual is determined by the father, not the husband. In rare cases, a woman can acquire the caste of her husband.
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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