Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Caste Certificate

Thursday, January 26, 2012
Caste Certificate

Caste Certificate — In an inter-caste marriage or a marriage between a tribal and a non-tribal the determination of the caste of the offspring is essentially a question of fact to be decided on the basis of the facts adduced in each case — The determination of caste of a person born of an inter-caste marriage or a marriage between a tribal and a non-tribal cannot be determined in complete disregard of attending facts of the case — In an intercaste 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. 

 
Caste Certificate

Caste Certificate — It is wrong and incorrect to say that in every case of inter caste marriage or marriage between a tribal and a non-tribal, the offspring must take his/her caste from the father.  

 
Caste Certificate

Caste Certificate — It is wrong and incorrect to read decisions of Supreme Court in Valsamma Paul v. Cochin University and others, (1996) 3 SCC 545 followed by Punit Rai v. Dinesh Chaudhary, (2003) 8 SCC 204 and Anjan Kumar v. Union of India and others, (2006) 3 SCC 257 as laying down the rule that in an inter-caste marriage or a marriage between a tribal and a non-tribal, the child must always be deemed to take his/her caste from the father regardless of the attending facts and circumstances of each case.

 
Caste Certificate

Caste Certificate — It would be very wrong to take paragraph 31 of the Valsamma judgment [(1996) 3 SCC 545] as a premise for drawing the corollary or the deduction that the child born from an inter-caste marriage or a marriage between a tribal and a non-tribal would invariably take his caste from the father.

 
Caste Certificate

Caste Certificate — The view expressed in paragraph 31 of the Valsamma judgment [(1996) 3 SCC 545] that in inter-caste marriage or in a marriage between a tribal and a non-tribal the woman gets transplanted into the family of her husband and takes her husband’s caste is clearly not in accord with the view expressed by the Constitution Bench of the Court in V.V. Giri v. Dippala Suri Dora and others, (1960) 1 SCR 426. 

 
Caste Certificate

Caste Certificate — Paragraph 31 of the decision in Valsamma [(1996) 3 SCC 545] cannot be read as the ratio laying down that on marriage, a wife is automatically transplanted into the caste of her husband.

 
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