Legal Question in Family Law in India
child's surname
Im a rajput woman married to a dalit boy. I want to ask if our would be child be a dalit by law? cant he inherit the surname of his mother and write rajput with his name? what does law say? can he call himself a rajput ?
10 Answers from Attorneys
Re: child's surname
Your son will be not a rajput he will be dalit as his father is a dalit irrespective of if you change the surname it does not matter.
Re: child's surname
According to the indian law a legitimate child gets his fathers name while a illegitimate child gets his mothers name.
In your case as you being a rajput has married a dalit boy your would be child would get his father's name and caste.
Re: child's surname
he will belong to the society of his father with the surname of his father only.
Re: child's surname
ur child will remain a dalit whether u change his surname or not
Re: child's surname
As per prevailing social norm your son falls in category of dalit for the reason that son is known by his father's caste and generally adopts father's surname.Your query is governed by prevailing custom and norms of the society.There is no law on this point and there is no illegality if your son adopts your surname i.e. Rajput.
Re: child's surname
He will be with surname of his father.
Re: child's surname
He will be with surname of his father.
Re: child's surname
He will be with surname of his father.
Re: child's surname
The law confers certain benefits like reservations for government jobs and benefits available to dalits. By law nobody is a dalit. You can choose to write Rajput as a surname for your child. Even by writing Rajput, he will remain entitled to all the benefits available to 'dalits' on the basis of 'caste' certificate to be obtained from the authorities on the basis of his father's caste. If you do not want the benefits of belonging to 'dalit' caste, it is your choice. You may continue belonging to 'rajput' caste and there is no prohibition in law for that.
Re: child's surname
Irrespective of surname,your son will have the cast of his father and he will be a Dalit.Your son will not legally be called a Rajput.