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Regarding non creamy layer certificate for divorced woman's child.


11-Feb-2023 (In Civil Law)
My previous question still not replied,I have same issue as asked previously, Hindu Parents separated in 2013, soon getting divorced. Dad has no contact nor pays for us in ANY manner. It's hard to make ends meet with mom's private job n 20k salary. I'm in college brother in class 11. Dad is AAO or by now maybe AO in Acc. Gen's Office, probably earns over 6lakhs p.a. but we don't benefit from it. Can I avail OBC Non Creamy Layer reservation for a govt job? Though my father earns so much, in reality the annual income we thrive on is only around 2.5 lakhs p.a. earned by mom. Is it fair that reservation is meant for financially weaker people like us but still we can't avail it?
Answers (2)

Answer #1
674 votes
Sir/Madam,

Non creamy layer reservation is reserved for those who lie under the particular criteria. if you are not from other backward class then you cannot avail OBC Non creamy layer reservation.
But if you are coming from OBC quota then your father or mother must have obtained the Non creamy layer certificate in their name as per the Rules and Regulations laid down by the Government, On basis of that certificate you can apply for Government job.

Though you are financially weak but if you do not come under the rules laid by the Government for OBC quota then, you are not eligible to get Non creamy layer reservation certificate.

Thank you,
Vipul B. Sundesha
Advocate,
Gujarat High Court
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Answer #2
797 votes
You have to claim maintenance under sec. 125 of CrPC from your father. As per obtaining OBC certificate you have to contact Tahesildar of your local Jurisdiction.
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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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