• Regarding OBC certificate

I am a married women..my father is a retired govt employee and comes under obc non creamy layer as per his income of less dn 8 lakh..but my husband income dont come under this limit..his income is more than 8 lakh..
so whether i am eligible for obc under non creamy layer and whose income is to be considered...whether husband income is taken into account ..as i am applying for banking job i want to know it in detail dt whether married women cn avail d benefit of obc non creamy layer on fathers income(irrespective of their husband high income).
Asked 6 years ago in Family Law
Religion: Muslim

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18 Answers

Your husband income is immaterial 

 

2) on my your parents income is considered in determining whether you would fall under OBC NL 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

Your family income now will be your husbands income

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

OBC status examine by parents income and not by husband. You are eligible for OBC NC if father last 3 years income is less than 8 lacs.

Married/not married dose not matter.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

- After marriage , your husbands income would be counted for getting OBC NCL certificate as per law, and not fathers income.

-  Since, your husbands income is more than 8 lakh , hence you cannot get the facility , specially when your husband is not a government employee. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

Yes it will be your husband's income. You need to check under what group he is appointed. If he us appointed as group B then he will be eligible irrespective of 8 lakhs income bar

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

The income of your husband shall be considered when you fill any form which is above 8 lakhs.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The income of the husband is important here. That alone shall be considered.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you will get the OBC status on the basis of your parents not on the basis of your husband.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

You are qualified for OBC Non-creamy layer status. If your parents are earning below or more than 8 lakhs but their rank is below that of group B officers, you will still come under Non-Creamy Layer.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

Father's income is considered for OBC non creamy layer. Husband's income is not considered.  Yes married women non creamy layer is based on father's income.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can file a RTI and can ask for notification and rule from them so that they will make certificate for you.

You can cite the dopt memorandum for obc NCL wherein there is no criteria of husbands income is there.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

For OBC certificate only parents income for last 3 years is taken into account

2) husband income is not taken into account

3) if your application is rejected by Tehsildar file appeal before collector

 

4) you can also complain to national commission for backward classes against refusal of authorities to issue you OBC NL certificate 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

1. The income of husband is not be factored in for issuance of OBC certificate. Income of parent for previous 3 years is to be considered.

2. Writ Petition can be filed before the High Court if OBC certificate is not issued or your application is dismissed.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The OBC non creamy layer privilege to be accorded to you shall depend on your father's status only and not on the basis of your husband's status.

If your father is coming under OBC non creamy layer then you will be recognized under his status and you can very well get the certificate in that regard.

 

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

If the authorities are insisting on your husband's income, then you can ask them to let you know under which rule that they demand this, if they still refuse to furnish the OBC NCL category certificate based on your father's status, then you may prefer an appeal against the revenue official before the district collector and get the necessary relief.

 

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

Officials are idiot. Tell them to give you in writing and challenge the same.

And in this regard, govt. notification and Supreme court judgement, both are available.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Madam,

If you have your maiden caste certificate then on its basis you can again apply for OBC card from the place of your marriage. 4. this is permissible in law an you should not face any difficulty.

The question can be interpreted in many ways with many conditions.

  1. OBC -non creamy layer girl marrying a general category boy and can she avail the benefits of OBC.

Answer is yes she can because her father is OBC with low income group. Children of OBC parents can avail the benefits of OBC.

2. OBC -non creamy layer girl marrying a general category boy and can she pass on the benefits to her child.

Answer has a few cases

case 1: The child is registered as per mothers caste

If the the girl and her husband earn more than the limit for being OBC, The children born to her cannot avail the benefits of being OBC. If not the child can reap the benefits

case 2: The child is registered as per fathers caste

The father belongs to OC and hence cannot avail the benefits.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. Yes you are eligible for NCL certificate of OBC.

2. Income of your father's family will be considered for NCL certificate.

3. You can file writ petition against department which is refusing to provide NCL certificate due to Income of your husband.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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