• Caste problem

Hi,
I belong to SC caste and my wife belongs to FC . I don't want my to be born child to have my caste. Can I register my child's caste as my wife's caste. Is there any possibility for that
Asked 6 years ago in Family Law
Religion: Hindu

4 answers received in 2 hours.

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15 Answers

Hi,

There is no loophole in your choice and in modern times, there are no restrictions. At the time of child birth and birth certificate get his caste registration done as FC.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. You are at liberty to declare your child's caste as that of your wife's caste by not considering your own caste. The option is left to your sweet wish and will.

2.  But, however, please remember that if you register your child's caste as that of your wife's caste, he will not get any relaxations and benefits in his future life and may blame you for that when he grows up.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

In 2009, the Madras High Court ruled that a child born out of an inter-caste marriage was free to choose his or her caste from either parent. Justice A C Arumugaperumal Adityan, pointed out that as per a government order dated June 27, 1975, children born to parents, one of whom belongs to a scheduled caste, can choose to belong to the community of either parent.

 

2)a child born to a couple, who married transgressing the barriers of Caste, would take the community of his or her father and not that of his or her mother.

 

On the contrary, the Supreme Court categorically pointed out that the answer to the question would depend upon the circumstances in which the child was brought up and that the same was primarily one of facts.”

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Child is brought up  by mother after she is deserted by her husband would take caste of mother 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

She can raise him on her caste from childhood and claim the same.  You cant change his caste

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

See caste of child is decided from the way he is bought up in intercaste marriages. If child is brought up in mother side then his caste can be register same as of mother's.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

First of all, please don't feel inferior to anyone. Legally, there is no way to change one's caste. Let your child enjoy the privileges and protection guaranteed under the Constitution.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Respected sir... 

Generally the child belongs to Father'scast however the child can claim the mother's cast also in certain situation that the child should have to be brought up as per the norms and values of the mother caste then you have right to claim caste of his mother for your son.... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Dear Client,

Caste Of A Child Born To Inter-Caste Couple Could Depend Upon The Circumstances In Which The Child Was Brought Up.
What is the benefit of FC caste ?

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Caste cannot be changed. Caste is determined by

birth. One inherits his/her father's caste. So

officially one cannot change their caste.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

There's no problem in your child getting your wife's caste registered as it's community.

As per law in Tamilnadu the child can opt the community of either parent.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

No question of loophole while there's a law favoring your decision.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you wish to give your child your wife’s caste but not yours.
  2. Though I don’t be reason of the same and also don’t want to know, but it will depend upon so many other factors.
  3. If he doesn’t need any caste certificate at any point of his life then there is no need to get the same.
  4. But, if he wants that in future then he would always have the option to adopt only father's caste not mother’s for only certificate to the extent.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

Caste documentation is a necessity only in case you are applying for a job / study / ration / special quota under Govt. Subsidised Quota system.

Otherwise, you can state whichever caste you wish to in your application. No one is going to ask for a documentary proof in this regard, if you belong to upper caste which does not entitled for any subsidy / waiver.

In general, people carry Father's surname / Family name / caste as historically Father is known to be family head and society knows the family by male member. But things have changed drastically in the last 30 years and women are equally empowered and are able to live on their own and have become independent, rich in education, job, name and fame etc..

So there is no reason you have to stick to old tradition of father's caste.

If you are comfortable with being Brahmin customs and mostly if you are able to follow Brahmin rituals, you can claim Brahmin.  But be ready to defend this with minimum learnings of prayers, slokas, customs, traditions, etc., so that you can pass on the same to your children. 

Do not be compelled what has been followed. 
You can choose to be what you are comfortable.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear

In our caste system the child takeover the caste of his/her father and not her mother's caste. 

So if you want your child to use FC caste don't make his caste certificate under your category.

But he will still be considered as SC because you belong to SC. 

But if somehow your wife file an application before magistrate that you have deserted her and she is living on her own and taking care of child so child should be given the certificate of mother's caste. If the magistrate is satisfied by this point he can give orders to authorities to issue FC caste certificate for your child. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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