Dr. Gadam N Mallesh, Scientist, Government of India asked 5 days ago
Can a scheduled caste female married a muslim retain her hindu religious and caste status, act not expressive about that. it only, sections 19, 20, 21, 21A talks about inheritance or succession rights for marriages solemnized under this act. and 20 refers to Caste DisabilitiesRemoval Act, 1850 and this says such rights for loosing religion, caste. No such rights married under section15- Registration of marriages celebrated in other forms, means either of them to convert to others religion and succession, RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION to be done as per personal laws. please give analytical data based on the fundamental rights which flow through statutory and constitutional laws and FR can be restricted if clash between them in the interest of the public and society . Analysis should not be on case laws, judiciary should only interpret , not to make laws
Apni Law Staff answered 4 days ago
A Scheduled Caste Hindu woman marrying a Muslim does not lose her caste or religion merely by marriage, unless she voluntarily converts. The Constitution (Arts. 14, 15, 21, 25) protects equality, freedom of religion, and choice in marriage. Thus, her caste status continues, subject only to restrictions imposed for public order or social interest by valid law. For any specific query, kindly contact an expert lawyer or call at 8569843472
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