In a landmark decision, the Supreme Court of India used its powers under Article 142 of the Constitution to address a unique family law case involving the children of a Inter-caste couple. The court ruled that children born to a non-Dalit mother and a Dalit father are entitled to Scheduled Caste (SC) status.
The judgment was delivered while presiding over the divorce case involving an 11-year-old son and a six-year-old daughter who have been residing with their mother in Raipur, following their parents’ separation six years ago. The court mandated that the minor children receive SC certificates, reflecting a legal stance that a non-Dalit spouse cannot acquire SC status through marriage but their children, having a Dalit father, are entitled to the caste designation crucial for accessing various governmental benefits like education and employment quotas.
The court’s ruling included several specific directives aimed at ensuring the welfare and future of the children post-divorce. The father is tasked with securing the SC certificates within six months and covering all educational expenses for the children up to post-graduation, including tuition, boarding, and lodging expenses.
Furthermore, the decision includes a one-time financial settlement alongside the transfer of a plot of land in Raipur. The court also upheld a clause requiring the father to provide his ex-wife with a two-wheeler by the end of the next fiscal year.
To maintain familial bonds, the court has instructed the mother to facilitate regular meetings and vacations between the children and their father, encouraging a nurturing relationship despite the marital split.
