The petitioner’s parents who got married in 1993 had obtained a consent decree of divorce in 2009. The petitioner, born in August 2002, was hardly seven years of age at that time and was, thereafter, raised by her mother as a single parent.
Even before the divorce, the record showed that the petitioner was looked after and taken care of in all respect by her mother.
The Court remarked that the scrutiny committee failed to properly appreciate the evidence brought on record by the petitioner in the nature of entries of relatives from her maternal side.
“Such peculiar background of the Petitioner discussed earlier would show that the Petitioner was also subject to same disadvantages, same neglect and same backwardness as her mother faced and therefore, the Petitioner can rightfully take the caste of her mother and not her father. In these circumstances, the Scrutiny Committee ought to have appreciated the evidence produced on record by the Petitioner which pertains to the relatives of the mother of the Petitioner but that has not been done by the Scrutiny Committee,” it said.
Source: Barandbench
