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 ?


Asked on 11/23/07, 12:01 am

10 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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.

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Answered on 11/23/07, 2:49 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

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.

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Answered on 11/23/07, 6:14 am
G. M. Gupta gmguptaandassociates

Re: child's surname

he will belong to the society of his father with the surname of his father only.

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Answered on 11/23/07, 9:24 am
Nandita Haldipur Haldipur Associates

Re: child's surname

ur child will remain a dalit whether u change his surname or not

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Answered on 11/30/07, 9:42 am

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.

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Answered on 11/23/07, 12:20 pm
Amit Shukla AS and Associates Legal Services

Re: child's surname

He will be with surname of his father.

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Answered on 12/04/07, 7:53 am
Amit Shukla AS and Associates Legal Services

Re: child's surname

He will be with surname of his father.

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Answered on 12/04/07, 7:54 am
Amit Shukla AS and Associates Legal Services

Re: child's surname

He will be with surname of his father.

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Answered on 12/04/07, 7:54 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 11/23/07, 10:11 pm
Jitendra Kumar Kumar Pandey & Co.

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.

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Answered on 11/23/07, 12:57 am


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