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.
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
Any loophole is also fine
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.
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.
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.”
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.
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.
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
Dear Client,
Caste cannot be changed. Caste is determined by
birth. One inherits his/her father's caste. So
officially one cannot change their caste.
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.
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.
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.