Usage Of 'Separated/Divorced' Can't Be Restricted To Only Those With A Judicial Separation Decree: Delhi High Court

While hearing a minor boy's plea against non-issuance of Scheduled Caste certificate by the State on the ground that the application could only be accepted if the mother is legally divorced or separated, the Delhi High Court said that the terms like 'separated/ divorced/ single women' cannot be restricted to only those women who have a formal divorce or judicial separation decree. Justice Sanjeev Narula observed that a narrow interpretation of a Circular dated 20 July 2020 which provides for applications to be considered on behalf of separated/ divorced/ single women for issuance of caste certificates in favour of their children, would frustrate its very purpose of accommodating children whose paternal ties are severed without a legal order. On the State's argument of the absence of a decree of divorce or separation, the Court stated that the expression 'separated/ divorced/ single women' cannot be interpreted narrowly. In cases where women from Scheduled Caste community have been separated on account of desertion or abandonment by their husbands, their children cannot be made to suffer simply because their fathers have failed to provide them support and recognition.” The Court thus rejected the State's contentions to deny the caste certificate to the petitioner because his mother did not have a divorce or separation order.