SC News The Supreme Court yesterday gave an important decision using its privilege under Article 142 of the Constitution. The Supreme Court annulled the marriage between a non-Dalit woman and a Dalit man. 

The court also ordered the husband to obtain Scheduled Caste certificate for his minor children, who have been living with their mother for the last six years. 

Children will get SC tag

A bench of Justices Surya Kant and Ujjal Bhuyan, while granting divorce to Juhi Poria née Jawalkar and Pradeep Poria, said that a non-Dalit woman cannot acquire membership of the Scheduled Caste community through marriage but her children born to a Scheduled Caste man would be entitled to the SC tag. 

Marrying a Dalit does not change your caste

The Supreme Court has reiterated this in several judgments and also gave a verdict in 2018 that there can be no dispute that caste is determined by birth and caste cannot be changed by marrying a person from Scheduled Caste (community). 

Children will get rights of SC quota

Let us tell you that the 11-year-old son and six-year-old daughter have been living with a non-Dalit woman at their maternal grandparents' house in Raipur for the last six years. The court has also given the decision to get SC caste certificate for both the children. The Supreme Court said that the children will be considered Scheduled Caste for the purpose of admission in government educational institutions and employment.

Father will pay the tuition fees too

The bench headed by Justice Kant asked the husband to approach the relevant authorities and obtain SC certificates for both the children within six months. The court said that he will bear all expenses of their education till post graduation, which includes admission and tuition fees as well as boarding and lodging expenses.

The court also said that the man will have to pay this amount in addition to the lump sum settlement for the lifelong maintenance of the woman and children. The woman will get Rs 42 lakh in lump sum from her husband.

Cross-FIR quashed

Apart from this, the husband will also give a plot of his land in Raipur to the woman. Interestingly, the bench has also given effect to a provision in the agreement between the estranged couple, under which the husband will have to buy a two-wheeler for the woman for personal use by August 31 next year.

The bench also quashed the cross-FIRs filed against each other. The Supreme Court directed the woman to allow the children to meet their father from time to time, take them on vacations and maintain a good relationship between them.