• OBC non-certificate certificate of married woman

Sir/Mam, I am a married woman from Tamil Nadu. Am in need of OBC non-creamy certificate. After my marriage, my name has been removed from my father's ration card and added in my father-in-law's ration card.I tried to get the OBC non creamy certificate from my father's native but the officials told that my name has been removed from my father's ration card and refusing to give the certificate. In such cases what have to be done and where to get the OBC certificate????? I tried to get the same from my husband's native and the officials are telling that they will consider husband's salary and not father's salary.. But the office memorandum of DoPT states that "the creamy layer status of a candidate is determined on the basis of his/her parents and not on the basis of his/her own status or income of that of his/her spouse". But the officials are asking for the income proof of my husband even if we show the office memorandum, they are telling that they will consider husband's income.. Sir/Mam, please clarify the doubts.. As I was in an urgent need of the OBC certificate, the officials are delaying by telling like this.. Can I get the OBC certificate from my father's native place? Please.... Reply me sir/mam as soon as possible.. Expecting your reply... Need your help urgently..
Asked 8 years ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

For OBC certificate only parents income for last 3 years is taken into account

2) husband income is not taken into account

3) if your application is rejected by Tehsildar file appeal before collector

4) you can file writ petition in Hc if you are denied OBC NL certificate

Ajay Sethi
Advocate, Mumbai
98874 Answers
8043 Consultations

1. A married lady doesnot estingish her caste status even after marrriage.

2.SO you can apply for such card afresh from your matrimonial place.

3.if you have your maiden caste certificate then on its basis you can again apply for OBC card from the place of your marriage.

4.this is permissible in law an you should not face any difficulty.

5.if you indeed face hindrance the filing of writ petition remains your option.

Devajyoti Barman
Advocate, Kolkata
23567 Answers
533 Consultations

Hello,

You would fall under OBC Creamy layer as the income of your father was more than Rs. 8 Lakhs and also considering the fact that you father retired.

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

1. You apply for the OBC from your father's native place and for identification, you produce the voter ID card since the ration card of your father has already deleted your name.

2. You can also apply for the said certificate from your husband's place submitting the income proof of your father also enclosing the copy of the said Govt. Circular.

3. If you are refused the said certificate,send a letter to the collector/DM in this regard.

4. If you still fail to get the said OBC certificate, file a Writ Petition before the local High court against the inaction of the concerned Govt Officials seeking relief and remedy.

Krishna Kishore Ganguly
Advocate, Kolkata
27606 Answers
726 Consultations

As you are married it is obvious that you are confused about your status and thus unable to decide your eligibility for the same.

See you will get the OBC status on the basis of your parents not on the basis of your husband and even your own salary.

Also besides the total income of your salary perannum the grade of your father and mother if in the government job is also seen.

Therefore you have to apply for NCL OBC certificate from your father's place only.

Deletion of name from your father's ration card has nothing to do with the issuance of OBC NCL certificate

T Kalaiselvan
Advocate, Vellore
89072 Answers
2429 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer