Supreme Court Grants SC Status to Children from Inter-Caste Marriage Following Divorce

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.

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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.

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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.

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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.

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