• Marriage between persons of two different states

I am a boy & permanent resident of Tripura. My caste is General. I stay in Assam for my job. I want to marry a girl who is a permanent resident of Assam. Her caste is OBC(NCL). We both will be staying in Assam after marriage. Now, my question is after marriage can my wife avail all facilities of Govt. of Assam as a permanent resident of Assam and can she avail the caste facilities of OBC(NCL) in Assam?
Asked 6 years ago in Family Law
Religion: Hindu

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24 Answers

Yes she can avail the benifit of obc NCL as the benifit of OBC 8s determined from parents not husband..

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Wife can avail facilities as permanent resident of Assam 

 

2) she can avail caste certificate of OBC NL in Assam 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

1. The caste of wife does not change with the marriage with a person of General category.

2. The change of location after marriage does not relinquish her caste unless this particular caste is not under the category of OBC(NCL) in Assam.

3. If this caste is not recognised as OBC in Assam then she will not get the facility of reservation. Many caste under OBC in one particular state is not OBC in another state. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes, she avail all facilities from Govt of Assam. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes she can avail as her caste doesnt change after marriage.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

She will remain in the category she was before marriage. Her caste cannot change after marriage although she may avail the benefits of obc if her caste is recognised as obc in rye other state too.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes, your wife's caste will remain same but the NCL criteria will be changed from father's to husband income.

 

She can apply for job in Assam state government.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello,

Yes sure will continue to be a domicile of Assam and she can avail the obc privileges.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

A person's caste is unalterable and can't  be change after marriage. Hence, through out life shells continue to be a NCL OBC, having been born as such .

She will continue to avail the NCL OBC benefits in Assam.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Non creamy layer of wife will be decided based on her father income and not her husband income 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Dear Sir,

 

- After marriage Non-Creamy layer criteria for spouse is decided based on husband income only.

- Any wrong misrepresentation may attract termination of appointment and criminal action against applicant as per rules of department. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

The domicile of your wife will prevail however the consideration for creamy layer will definitely take account of the income of the family which will include your income as well there is no problem of any person to marry anybody from the world you are living within India so there is no no problem as such you can marry anybody and settle in any part of the word if you are looking for any government benefit for the job and all then the domicile status of your wife will continue only in Assam

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Father's income is only used to decide NCL.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

Yes, she avail the caste facilities of OBC in Assam.

According to Supreme Court judgment:Caste decided by birth, can't be changed by marriage: SC 

A person's caste is unalterable and can't change after marriage, the Supreme Court said on Thursday, setting aside the appointment of a woman teacher who joined Kendriya Vidyalaya 21 years ago taking benefit of reservation on the ground that she was married to a Scheduled Caste man.

OBC non creamy layer certificate is based on the candidate's parents ONLY. Marital status of the candidate is not relevant for OBC non creamy layer certificate.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

It would be based upon the husband's income.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It will be your income. But in NCL salary and agricultural income are exempted

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

On husband's income ,,as I have mentioned above.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

even creamy layer of a married lady is always decided by parent's status and never by husband or self status.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes. your wife would be able to avail all facilities of Govt. of Assam as a permanent resident of Assam and can also avail the caste facilities of OBC(NCL) in Assam.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

OBC non creamy layer status would be decided as per herr father's income.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

After marriage if the husband belong to general category then income of father of the lady would be taken into consideration for creamy layer benchmark.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

  1. As per the information mentioned in the present query, makes it clear that you would be marrying a girl whonjs a permanent resident of Assam and having OBC (NCL), but wish to get more clarity over the criteria of OBC (NCL) after married.
  2. Sir, let me tell you that once a person has been obtained the same status after having been determined by the parents income then it doesn’t come with legal provision that after marriage it will be you.
  3. So, the Creamy Layer status of a candidate is always determined by his/her  parent’s (father, mother) status. The status of self or husband or spouse is never taken into account. 
  4. Therefore, a candidate’s creamy layer status is determined only by his/her parent’s (father, mother) status and his/her/his wife/her husband income will never be counted.

    The basis of reservation for OBC (Non-Creamy layer) is that 'what status a father-mother (parent) has given to a child since his/her birth'.

    Therefore the your salary will not be counted in this regard.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Your wife's OBC privilege shall depend on her father's status and not on her husband's status.

Hence if she is eligible for the OBC NCL status or category privileges or concessions or reservation, she can very well avail them without any legal hassle or not impacting her spouse's status.

T Kalaiselvan
Advocate, Vellore
89979 Answers
2492 Consultations

Even after marriage her OBC NCL category will be based on her father's status and not on her husband's 

T Kalaiselvan
Advocate, Vellore
89979 Answers
2492 Consultations

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