Supreme Court orders SC status for non-Dalit wife’s children

The Supreme Court of India used its omnibus power under Article 142 of the Constitution to annul the marriage between a non-Dalit woman and a Dalit man and ordered the husband to get Scheduled Caste certificates for their minor children, who have been with their mother for the last six years.

The court ruled that children born to a non-Dalit mother and a Dalit father are entitled to SC status, 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 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.

The SC directed the woman to facilitate periodic meetings of the children with their father, allow them to be taken on vacation by him and build a good relationship between them.