By Himabindu Lingala

The parents of the minor petitioner were married in 2005. The petitioner was born in 2006. In 2006, the petitioner’s father abandoned the matrimonial house and has not returned ever since to resume his marital life. Subsequently, in 2011 the petitioner’s father initiated divorce proceedings, but ceased to further participate. As a result of this non-participation, the divorce petition was dismissed in 2014. The petitioner was raised by his mother alone. 

The respondent has denied the petitioners application for a caste certificate, asserting that such applications must be made through the Father. Despite the petitioner’s mother citing circulars issued in 2020 and 2022, which permit the issuance of caste certificates to single, divorced, or separated women, the application was rejected on the grounds that the mother is not legally divorced or separated.

The petitioner contended that the prolonged abandonment of the family by the father amounts to de facto separation and should be considered sufficient grounds for the issuance of the caste certificate. Further, placing reliance on the same circulars, petitioner’s mother received her own caste certificate.

The court recognised that the circulars of 2020 and 2022 were intended to accommodate children whose paternal ties are severed de facto (of fact) and not de jure (by law). The court weighed the arguments and facts and claimed that the expression “separated/divorced/single women” cannot be construed narrowly depriving the petitioner of an unbiased relief. The court also emphasized the mother has already been recognized as a member of the Scheduled Caste community and denying the petitioner a caste certificate would defeat the purpose of circulars of 2020 and 2022.

The court allowed the petition and issued the following directions:

(i)     The Petitioner must submit a fresh representation, including all relevant documents, such as the mother’s caste certificate, and provide details justifying their entitlement under the circulars dated 20th July 2020 and 13th July 2022.

(ii)     Upon receiving the representation, the respondent must assess the Petitioner’s case within two weeks and refrain from rejecting it solely due to the absence of a formal divorce or judicial separation decree. The respondent must consider the factual reality of the father’s prolonged abandonment as constituting de facto separation.

Case Name: Deep Minor v. Govt of NCT of Delhi

Citation:  W.P.(C) 9141/2023

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