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If a child born out of intercaste marriage with the acceptance and wish of couple can get the mother


23-May-2023 (In Family Law)
If a child born out of intercaste marriage with the acceptance and wish of couple can get the mother surname and caste ,if the child is going to brought up in mother's community only.
Answers (1)

Answer #1
927 votes
In India, the personal laws governing marriage, inheritance, and naming conventions vary based on religious affiliations and community customs. In general, when a child is born to an intercaste marriage, the parents can decide on the child's surname and caste affiliation, with the caveat that it should align with the applicable laws and social customs. However, it's important to note that caste is a deeply ingrained social system in India, and the concept of caste can have legal and social implications. In certain states, laws have been enacted to prevent discrimination based on caste, and caste-based discrimination is also prohibited under the Indian Constitution. If the child is being brought up primarily within the mother's community, it is possible that the child's surname and caste may align with the mother's side. However, it's important to consult with a legal professional to understand the specific laws and customs that apply to your situation, as they can vary based on regional and community-specific practices. Ultimately, the decision on the child's surname and caste affiliation rests with the parents, but it is advisable to consider both legal requirements and the potential social implications when making such decisions.
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