LawRato

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
952 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.
People also ask

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 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.

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.

  
Answer #2
501 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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."