New Delhi : Married to a non-Dalit woman and Dalit man. Both of them had two children but the relationship turned sour. Both started living separately. The woman started living in her maternal home with both the children. The matter reached the court. Now the Supreme Court, using the extraordinary powers given to itself under Article 142, has canceled the marriage of man and woman. The Supreme Court has ordered the man to pay Rs 42 lakh to the woman as a one-time settlement, give her the ownership rights of the plot and bear the entire expenses of the children’s education till post-graduation. The apex court clarified in this case that even though a non-Dalit woman cannot get SAC status on the basis of marriage, both her children born to SCs will get SC status even after divorce. The Supreme Court has ordered the husband to get SAC certificate made for the children within 6 months. The bench of Justice Surya Kant and Justice Ujjwal Bhuyan ordered the husband to get SC certificate for the children. The children have been living with their mother for the last six years. The son is 11 years old and the daughter is 6 years old. While granting divorce to Juhi Poria née Jawalkar and Pradeep Poria, the Supreme Court said that a non-Dalit woman cannot become SC through marriage. But children born to SC fathers come under SC category. The Supreme Court had said the same in 2018, ‘Caste is decided by birth, not by marriage. The wife cannot become SC just because the husband is SC.
Even after divorce, the children will grow up in a non-Dalit family, but will be considered SC. With this they will get reservation in government education and jobs. The Supreme Court asked the husband to get the SC certificate of the children made in six months. The husband will bear the entire expense of the children’s education till post-graduation. This includes fees, accommodation and food.
Even after divorce, the children will grow up in a non-Dalit family, but will be considered SC. With this they will get reservation in government education and jobs. The Supreme Court asked the husband to get the SC certificate of the children made in six months. The husband will bear the entire expense of the children’s education till post-graduation. This includes fees, accommodation and food.
The Supreme Court has ordered the man to pay a lump sum amount of Rs 42 lakh to the woman for her lifelong maintenance. Not only this, he/she will also have to transfer his/her Raipur land to the woman. Apart from this, the top court has also said that to facilitate the woman in her daily work, the man will buy her a two-wheeler. By August 31 next year, the man will buy the woman a two-wheeler.
The Supreme Court also canceled the FIRs and cases filed by both the parties against each other. The top court asked the woman to ensure regular meeting of the children with their father. Children were also allowed to spend holidays with their father. The Supreme Court said that there should be good relations between children and father.
