+ Reply + Post New Thread
Results 1 to 7 of 7
  1. #1
  2. #2
    Lawyer's Helpline
    Guest
    Hello Ganga Ji,

    We already had discussed it with our lots of users and members that “It is not possible to get the caste certificate by mother’s caste or surname”. There is no rule and provision had made by any of the government or department so that any children claim the caste of mother’s side. As this is very general thing and all knows about it that after marriage any female adopts the caste of her husband and same as her children. Even after the divorce the cast will remain same for the father’s surname. Also according to the rule the children only can claim property of their grand-father according to this caste system and only can get the property after will of father.

    “There is no system, rule, regulation, provision, law etc. is made by any state, central, UT government in which this permission is given to give the caste certificate with the surname of child’s mother”.

    So I will suggest you to follow the rules and get the caste certificate from father’s side. However in some of inter-caste marriage cases if children grown by mother from their childhood and primary education and she had already done the caste migration procedure before that and converted to her old caste only in that case there are few chances that her children can get the same caste, but this is a long and legal process. There are lots of cases are pending in various courts across the country. So we are not sure about it that the children will get the caste of mother in case of inter-caste marriage. Here I will give you example for this below:

    For example –
    Ramesh (imaginary name) got married with Rakhi (imaginary name) under the inter-caste marriage system in which husband belongs to the open caste and wife belongs to the reserved category scheduled caste, scheduled tribe or other backward class (SC / ST / OBC). After marriage they had a son Mohan (imaginary name) but due to any reason they both started living separately from the minor age of child Mohan. After going separate Mother Rakhi converted to her old caste by following complete procedure and with showing reason that why she not wants to adopt her husband’s caste (this is a difficult legal process and mother rakhi have to face too much steps with have to spend lots of money). If rakhi converted to her old caste in that case mohan can get the caste of her mother in his minor age, but it is also a legal and long procedure.
    “NOTE – I will suggest you get the caste certificate only with the father’s surname. There is no any procedure where you can get it through the mother’s name. If any person found having any certificate through illegal process the state / central government has complete authority to take legal action against him / her.”

    Regard's
    Lawyer Sanjay
    Legal Advisor
    (Uttarakhand Court)

  3. #3
    Unregistered
    Guest
    hello. i want to know if husband and wife are divorced, and there child is living with mother, she has transfer all her documents in maiden name after divorce, even she has change her child middle name and surname as her name, will the child get the caste certificate on mother the basis of mother caste certificate?

  4. #4
    Unregistered
    Guest
    Give me above answer

  5. #5
    Hi,

    There is no definite law with regard to the caste of the child. If the child is declared as Scheduled Caste he or she will get special benefits like reservation for admissions to professional colleges, government jobs etc. If the child remains under General Category he/she will not get those benefits. Hence if the child is declared as General Category, no one else is going to bother. In order to encourage inter-caste marriages, particularly with Scheduled Castes, the child can get SC benefits if either of the parent belongs to a sheduled caste. As regards caste of the child, it is best left to the child to decide himself/herself when he/she grows up and knows things around. I know many cases, where the child does not want the lower caste even if he/she has to forgo the benefits.

  6. #6
    Unregistered
    Guest
    humne agar gazet office se mother ka nam aur surname lagaya to kya hum caste certificate mother ka cast certificate use karke nikal sakte hai kya

  7. #7
    Unregistered
    Guest
    hello. i want to know if husband and wife are divorced, this marriage not intercast, and there child is living with mother, she has transfer all her documents in maiden name after divorce, even she has change her child middle name and surname as her name, will the child get the caste certificate on mother the basis of mother caste certificate?

Quick Reply Quick Reply

English to Hindi Converter

Click here to log in


Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Bookmarks

Bookmarks

Posting Permissions