• What would be caste of my child

I am from brahmin family married to girl from hindu belongs BC-D. Now we have a baby girl. 
My question is what would be the caste of my kid.. will she takes father's caste i.e., OC or is there are special provision in law or any government order to take-up mother's caste..? 

I heard somewhere that after intercaste marriage caste of the kids will be mother's caste. I dont know how far it is true.
Asked 7 months ago in Family Law
Religion: Hindu

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13 Answers

1. In the instant case, the caste of the child will be Brahmin only.

2.  The paternal  lineage will be taken as the authentic and settled one to determine the offspring's caste.


However, if the child's mother belongs to a reserved category and the child wish to get benefits, in view of her mother's backward caste, it's possible.

Shashidhar S. Sastry
Advocate, Bangalore
2801 Answers
165 Consultations

5.0 on 5.0

The child can choose the community of either parent. 

It is legally permitted for the child to avail the privileges of the parent of either community. 

You can decide. 

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

See there is no provision on same for caste there is high court judgement which states that caste of child depend upon upbringing if he is bought up by mother side he can take same otherwise he shall take caste of father.

Shubham Jhajharia
Advocate, Ahmedabad
24964 Answers
99 Consultations

5.0 on 5.0

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
75972 Answers
4544 Consultations

5.0 on 5.0

dear client 

normally in intercost marriges children get fathers status cost and other, but recently Bombay high court held 

 

P. Gnanam
Advocate, Ambattur
18 Answers

Not rated

If you raise her as per your caste along with your wife she will have your caste. If she is raised as BC from your wifes caste then she will bro treated as BC

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

Nothing as such, law is clear that child adopts father`s caste but on the same time benefits of reservation can not be denied to a person born to SC/STBC mother because the father belonged to the upper caste.

But such benefit is available only if child was brought up by the mother who belonged to the BC.

Yogendra Singh Rajawat
Advocate, Jaipur
19450 Answers
25 Consultations

4.5 on 5.0

The child born out of the marriage gets the caste of his father only and not of his mother.

2. Only in exceptional circumstances like separation of the parents and raising of the child by mother alone the child can get the caste of his mother.

3. So in other words in normal inter caste marriage the child has the caste of his father alone. 

Devajyoti Barman
Advocate, Kolkata
20290 Answers
287 Consultations

5.0 on 5.0

No, the caste all remains to a girl of her father's caste.

 

Means for your daughter caste will be Brahmin. Where as your wife's caste will be BC-D.

Ganesh Kadam
Advocate, Pune
10212 Answers
92 Consultations

4.9 on 5.0

Dear Sir,

The question of the status of a child born to a scheduled tribe mother from a forward caste father came up for consideration before the Hon'ble Supreme Court of India in Rameshbhai Dabhai Naika Vs State of Gujarat & Others ( CIVIL APPEAL NO. 654 OF 2012- Decided on January 18, 2012) and the Supreme Court held as follows:-

"In an inter-caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father. This presumption may be stronger in the case where in the inter-caste marriage or a marriage between a tribal and a non-tribal the husband belongs to a forward caste. But by no means the presumption is conclusive or irrebuttable and it is open to the child of such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe. By virtue of being the son of a forward caste father he did not have any advantageous start in life but on the contrary suffered the deprivations, indignities, humilities and handicaps like any other member of the community to which his/her mother belonged. Additionally, that he was always treated a member of the community to which her mother belonged not only by that community but by people outside the community as well. In the case in hand the tribal certificate has been taken away from the appellant without adverting to any evidences and on the sole ground that he was the son of a Kshatriya father. The orders passed by the High Court and the Scrutiny Committee, therefore, cannot be sustained. The orders passed by the High Court and the Scrutiny Committee are, accordingly, set aside and the case is remitted to the Scrutiny Committee to take a fresh decision on the basis of the evidences that might be led by the two sides. "

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
25 Consultations

4.8 on 5.0

1. Dear the caste category of child will devolve from his/her father's caste.

2. Their is no law under which mother's caste can be adopted for child's category. 

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

Generally father's caste will be applicable . 

 Please refer to the enclosed supreme court judgement that might be of help


IN THE SUPREME COURT OF INDIA, CIVIL APPELLATE JURISDICTION , CIVIL APPEAL NO. 654 OF 2012
(Arising out of S.L.P (CIVIL) NO.4282 of 2010), Rameshbhai Dabhai Naika … Appellant versus State of Gujarat & Others … Respondents

Mohammed Mujeeb
Advocate, Hyderabad
16593 Answers
11 Consultations

4.5 on 5.0

Child caste is always determined according to father's caste and it remains unchangeable during lifetime of child. 

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

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