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Sunday, August 7, 2016

What would be caste is child in a mixed marriage ?

What would be the caste of a child, whose father belonged to a Forward Community and mother from a Scheduled Caste Community? Normal presumption is that his/her caste would be that of her father. The question whether such a child can have caste of her mother, and whether such a certificate issued by Revenue authority is legal, has been answered by a Division Bench of Andhra Pradesh High Court in the affirmative.
The Division Bench comprising of Justices V. Ramasubramanian and Anis referring to Apex Court decision in Rameshbhai Dabhai Naika Vs. State of Gujarat observed: “It is clear that the Supreme Court did not say that 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.”
Courtesy to Live Law

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