The bench, comprising Justices Surya Kant and Ujjal Bhuyan, granted a divorce to Juhi Poria (née Jawalkar) and Pradip Poria. They emphasized that while a non-Dalit woman cannot acquire SC status through marriage, children born to a Dalit father are entitled to SC recognition.
NEW DELHI: Exercising judicial powers under Article 142 of the Constitution, the Supreme Court annulled the marriage of a non-Dalit woman and a Dalit man, while ordering the father to secure Scheduled Caste (SC) certificates for their minor children.
The bench, comprising Justices Surya Kant and Ujjal Bhuyan, granted a divorce to Juhi Poria (née Jawalkar) and Pradip Poria. They emphasized that while a non-Dalit woman cannot acquire SC status through marriage, children born to a Dalit father are entitled to SC recognition.
Citing prior judgments, including a 2018 ruling, the Court reiterated that caste is determined by birth and not altered by marital alliances.
The bench directed Pradip Poria to secure SC certificates for his two children within six months and bear all their educational expenses, including costs for post-graduation, admission, tuition, and lodging. Additionally, the father has paid Rs 42 lakh as a one-time settlement for the lifelong maintenance of his ex-wife and children and will transfer a plot of land in Raipur to the woman.
The Court also upheld a settlement clause requiring the husband to purchase a two-wheeler for his former spouse by August 31 next year. Furthermore, it quashed cross-FIRs and other cases filed by the couple against each other.
The bench directed the mother to ensure periodic meetings between the children—an 11-year-old son and a six-year-old daughter—and their father, facilitating vacations and fostering a healthy relationship.
While the children have resided with their mother at her parents’ home in Raipur for the past six years, the Court clarified that they will retain SC status for benefits such as admission to government institutions and employment, despite being raised in a non-Dalit household.
