• Intercaste marriage

I belong to sc my husband belongs to oc he cheated me hiding his first marriage and divorce . He died after 5 years . Their family never accepted us and gave nothing to us. I am working and feeding my children. I put my caste to my children as there is no support from my husband family. Will it be a issue in future?????
Asked 8 years ago in Family Law
Religion: Hindu

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14 Answers

Your children can get your scheduled caste status as you have brought up your children

2) In a marriage between a tribal woman and a forward caste man, the offspring will get tribal status if the child is brought up in the mother's environment and will be entitled to reservation, the Supreme Court has held

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It is well established by judicial precedents that caste of father not necessarily will pass on the children in all the circumstances.

So if it is shown that the children are raised by mother of backward caste and the community of the mother has also accepted her children to be member of their community only the the children shall have caste of their mother only an not their father.

So you can apply for SC certificate for your children based on your caste as SC.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

According to Section 5 of the Hindu Marriage Act your marriage is perfectly valid however your husband had concealed the fact that he had a divorced wife. Therefore according to Hindu personal law your children should adopt father's title. In Indian caste system title denotes caste of the person. However the children bear your title but they shall be treated as OC category instead of SC. Because in the case of Ram Bahadur Arya vs State of U P the Supreme Court has held that children cannot take benefit of mother's category by adopting title of their mother.

If you claim SC category for your children then problem will create in future otherwise not.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Firstly, whether they accept you or not, you and your child is having all the rights in your husband's property (ancestral or self occupied).

Secondly, if your husband is having only self occupied, and he has made will also then you might not get anything.

Thirdly, it is how you have brought him in regard to the religion till the time he he does not attain the age of majority as after that he has all right to chose his religion.

Lastly, but in regard to the caste you have all right to put yours on him. If he wants to take advantage then good for him in future and if not then it's his choice. But yes you can put for sure.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Instead you are bound to get share being second wife. Kindly approach a lawyer. There is similar judgement on your issue.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Respected mam ...

You are Legal guardian of your child and its up to you weather you give your caste or your husband caste that will be read and consider under special marriage act ...No need of worry will wil not be a problem in future as it is your right ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

No the same will not be an issue. In case of inter caste marriage the caste is decided by the atmosphere in which the child is living.

The same will bear no issue in future.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Not at all.

Since you're a SC, your SC status will not change despite the fact that you married an OC. Since you are raising the kids, they are going to learn the culture, tradition and practices of your caste.

Thus, they can pick up your caste. There'll be no problem in this.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Madam it can be a issue in future as children gets the caste of father secondly in future if any day you are made to reveal fathers name or caste then it may cause problem for them

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

No it will be not an issue in future unless someone challenge that status in the concerned department

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Dear Client,

Depends on under what circumstances the child is brought up ?

In ur case there will be no issue,

Please read Judgement below -

Caste of a child born to inter-caste couple could depend upon the circumstances in which the child was brought up: AP HC [Read Judgment]...

Read more at: http://www.livelaw.in/caste-child-born-inter-caste-couple-depend-upon-circumstances-child-brought-ap-hc/

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

No issue in future

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Hi

No there will not be any issue for you.

Any issue can airse only if you file something in court , like claiming property or anything else.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yo0ur children can choose your community and can avail the privileges and the concessions allowed and granted by government from time to time.

There is illegality in it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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