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  • Category: Indian Law

    Caste certificate on mother's name

    Are you facing a marital issue? Searching for the detailed procedure to get caste certificate on mother's name? Find responses and suggestions form experts on this page for all your concerns.

    I am fighting against husband for alimony since last one year. My child is 3 years old. I want caste certificate on my name.
    Is it possible? What is the procedure?
    I have done affidavit by mother name. Also name is changed in gazette. My husband is not taking responsibility of my child.
  • Answers

    4 Answers found.
  • The caste of the father is legally recognized as a caste of the child. If the caste of the mother is different from that of the father, the child can assume the caste of the mother depending on how the child was brought up and if the mother is a widow or divorcee. There is a court judgement which reads as below.
    "Caste of a child born to inter-caste couple could depend upon the circumstances in which the child was brought up"
    In your case, you are only taking care of your son so it is possible to obtain a certificate for the category based on your caste. You can apply for and meet the concerned authorities and you should certify that you are bringing him up .

    always confident

  • The previous reply has mentioned the relevant Court judgment. You can go to the Office of the concerned District Magistrate and register you caste as the caste of your child giving detailed justification and evidence in support of your claim (the child is staying with you and you are bearing his/her expenses). If the Magistrate is convinced, then your child would be known by your caste.

    "If you are killed in action, you go to Heaven. If you win, you rule this Earth (as beautiful as Heaven). That is why, O son of Kunti, take a firm resolve and fight!"-- Shrimad Bhagwad Gita

  • You have to apply in the office of designated authority in the area who is generally either the Sub Divisional Magistrate or the District Magistrate for this type of changes and certifications. Sometimes they may insist to get your credentials verified from the Tehsildar of your block or Taluka. In that case you may route your application accordingly.

    You have to give the details of your case going with your husband for alimony and other divorce papers to convince the authorities that you are taking care of your child and hence the child as per the present laws is entitled to your name or surname.

    Keep your documents like marriage certificate, divorce documents, copy of proceedings pending in court for alimony, child's birth certificate etc handy with you as the same may be asked by the authorities while granting him your caste and surname and entitling him for the accrued benefits in future if any.

    Knowledge is power.

  • All you need to apply for an affidavit before the court of First - class Magistrate. The best way would be to approach a lawyer reporting to the office of the Magistrate. Apprise him of your present impediment and discuss him at length that father of the child is no more interested in ubringing the child and hence you want to take full guardianship by changing the present name of the father.
    He will make an affidavit on your behalf. You have to provide him the photo - copies of your Voter ID card, PAN card or Driving Licence in support of your proof. Once the affidavit is countersigned by the Magistrate . Get it published in English daily apart from a local one. Preserve the same so that this can be shown whenever there is the case of document - verification.

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