CBSE Textbook: Adoption | Legal Studies for Class 11 - Humanities/Arts PDF Download

 Page 1


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
 
Adoption
Contents
I. Adoption
II. Minor custody and Guardianship
III. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Explain	Adoption
•	 Contrast	between	the	la ws	of	guardianship	under	various	r eligions
•	 Differ entiate	between	th e	types	of	guardians
I. Adoption
A. What is Adoption?
 Adoption is the act of establishing a person as parent to 
one who is not in fact or in law his child. It is the means by 
which	 a	 legal	 r elationship	 is	 established	 between	 the	 par ent	 and	
child	 who	 ar e	 not	 so	 r elated	 biologically .	 It	 is	 also	 defined	 as	 a	
process by which people take a child who was not born to them 
and raise him or her as a member of their family. 
	 Earlier ,	 the	 objective	 of	 adoption	 was	 mainly	 to	 secur e	 per for mance	 of	 funeral	 rites	 and	 to	
pr eser ve	the	continuance	of	one’s	lineage.	
B. Statutes governing Adoption 
 The Hindu Adoption and Maintenance Act, 1956
	 In	 India,	 the	 only	 statute	 gover ning	 adoption	 is	 the	Hindu Adoption and Maintenance Act, 
1956. Its ambit is confined only to Hindus. 
	 The	 law	 codifies	 the	 legal	 process	 of	 adopting	 childr en	 by	 a	 Hindu	 adult	 and	 the	 legal	 obligations	
to	provide	maintenance	to	the	various	family	members.
 Law on adoption for other religions/ communities:
	 Ther e	 is	 no	 law	 on	 adoption	 for	 Christians,	 P arsis,	 and	 Muslims.	 A	 person	 belonging	 to	 these	
communities	 has	 to	 get	 himself	 appointed	 as	 guardian	 under	 the	 Guardians	 and	 W ards	 Act,	
1890. This Act applies to all communities and castes. 
CHAPTER
3
Did you know that Steven Paul 
Jobs was born on February 24, 
1955, to Abdul fattah Jandali 
and Joanne Schieble, and was 
adopted by Paul and Clara Jobs?
Page 2


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
 
Adoption
Contents
I. Adoption
II. Minor custody and Guardianship
III. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Explain	Adoption
•	 Contrast	between	the	la ws	of	guardianship	under	various	r eligions
•	 Differ entiate	between	th e	types	of	guardians
I. Adoption
A. What is Adoption?
 Adoption is the act of establishing a person as parent to 
one who is not in fact or in law his child. It is the means by 
which	 a	 legal	 r elationship	 is	 established	 between	 the	 par ent	 and	
child	 who	 ar e	 not	 so	 r elated	 biologically .	 It	 is	 also	 defined	 as	 a	
process by which people take a child who was not born to them 
and raise him or her as a member of their family. 
	 Earlier ,	 the	 objective	 of	 adoption	 was	 mainly	 to	 secur e	 per for mance	 of	 funeral	 rites	 and	 to	
pr eser ve	the	continuance	of	one’s	lineage.	
B. Statutes governing Adoption 
 The Hindu Adoption and Maintenance Act, 1956
	 In	 India,	 the	 only	 statute	 gover ning	 adoption	 is	 the	Hindu Adoption and Maintenance Act, 
1956. Its ambit is confined only to Hindus. 
	 The	 law	 codifies	 the	 legal	 process	 of	 adopting	 childr en	 by	 a	 Hindu	 adult	 and	 the	 legal	 obligations	
to	provide	maintenance	to	the	various	family	members.
 Law on adoption for other religions/ communities:
	 Ther e	 is	 no	 law	 on	 adoption	 for	 Christians,	 P arsis,	 and	 Muslims.	 A	 person	 belonging	 to	 these	
communities	 has	 to	 get	 himself	 appointed	 as	 guardian	 under	 the	 Guardians	 and	 W ards	 Act,	
1890. This Act applies to all communities and castes. 
CHAPTER
3
Did you know that Steven Paul 
Jobs was born on February 24, 
1955, to Abdul fattah Jandali 
and Joanne Schieble, and was 
adopted by Paul and Clara Jobs?
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
	 The	 cour t	 will	 take	 into	 consideration	 the	 personal	 law	 of	 the	 minor	 while	 appointing	 or	 declaring	
a	 person	 as	 guardian	 under	 the	 Guardians	 and	 W ards	 Act,	 1890.	 Once	 a	 person	 is	 appointed	 or	
declar ed	 as	 a	 guardian,	 he	 has	 to	 abide	 by	 the	 provision s	 of	 the	 Guardians	 and	 W ards	 Act,	 1890.
II. Minor Custody and Guardianship
A. Who is a Minor? 
	 Minor	 is	 a	 person	 who	 has	 not	 completed	 the	 age	 of	 18	 years	 under	 the	 Indian	 Majority	 Act,	
1875.
B. Who is a Guardian?
	 A	 Guardian	 is	 a	 person 	 who	 has	 rights	 and	 duties	 with	 r espect	 to	 the	 car e	 and	 control	 of	 a	 minor ’s	
person in relation to body or property (estate or wealth of minor). 
	 These	 rights	 of	 guardi an	 include	 the	 right	 to	 deter mine	 the	 child’s	 upbringing	 in	 r egard	 to	
r eligion,	 education,	 and	 other	 matters	 such	 as	 the	 disposal	 of	 proper ties	 and	 so	 on.	 A	 guardian	
is	 vested	 with	 the	 duty	 to	 act	 for	 the	 welfar e	 of	 the	 mino r .	 The	 welfar e	 of	 the	 child	 is	 paramount	
consideration	for	the	cour t	in	matters	per taining	to	custody	and	guardianship	of	the	child.	
	 In	matters	of	custody	and	guardianship	ever y	community	has	its	own	laws.
C. The Guardians and Wards Act, 1890
	 This	 is	 a	 non -r eligious	 and	 universally	 applicable	 law	 r egarding	 the	 issues	 r elating	 to	 guardianship	
of a child in India.
	 The	 Guardians	 and	 W ards	 Act,	 1890	 was	 passed	 during	 the	 British	 period.	 This	 Act	 has	 authorized	
the	cour t	to	appoint	guardian	for	a	minor	child.	The	child	may	belong	to	any	community .
D. The Hindu Minority and Guardianship Act, 1956
 The Hindu Minority and Guardianship Act was enacted in 1956. This Act has codified the law 
r elating	to	custody	and	guardianship	of	childr en	belonging	to	the	Hindu	community .
	 Guardian	includes	the	f ollowing:
 v 	 a	natu ral	guardian
 v 	 a	guar dian	appointed	by	th e	will	of	the	minor ’s	father	or	mother
 v 	 a	guar dian	appointed	or	de clar ed	by	a	cour t
E. De-jure and De-facto guardians
	 A	 guardia n	 can	 be	 de-jur e	 (authority	 vested	 by	 law)	 or	 de-facto	 (e xer cising	 power	 without	 being	
legally	established).	
 Types of De-jure guardians
	 De-jur e	guardians	can	b e	of	thr ee	types,	they	ar e:	
	 •	 Natural	 guardians 	 (by	 bir th):	 Generally ,	 father	 and	 mother	 ar e	 r ecognized	 as	 natural	
guardians	of	the	child	
	 •	 T estamentar y	guardians:	Guardians	appointed 	by	will
	 •	 Cer tificated	 guardi ans:	 Guardians	 appointed	 by	 the	 cour t	 under	 the	 Guardians	 and	 W ards	
Act,	1890	ar e	known	as	Cer tificated	guardians
Page 3


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
 
Adoption
Contents
I. Adoption
II. Minor custody and Guardianship
III. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Explain	Adoption
•	 Contrast	between	the	la ws	of	guardianship	under	various	r eligions
•	 Differ entiate	between	th e	types	of	guardians
I. Adoption
A. What is Adoption?
 Adoption is the act of establishing a person as parent to 
one who is not in fact or in law his child. It is the means by 
which	 a	 legal	 r elationship	 is	 established	 between	 the	 par ent	 and	
child	 who	 ar e	 not	 so	 r elated	 biologically .	 It	 is	 also	 defined	 as	 a	
process by which people take a child who was not born to them 
and raise him or her as a member of their family. 
	 Earlier ,	 the	 objective	 of	 adoption	 was	 mainly	 to	 secur e	 per for mance	 of	 funeral	 rites	 and	 to	
pr eser ve	the	continuance	of	one’s	lineage.	
B. Statutes governing Adoption 
 The Hindu Adoption and Maintenance Act, 1956
	 In	 India,	 the	 only	 statute	 gover ning	 adoption	 is	 the	Hindu Adoption and Maintenance Act, 
1956. Its ambit is confined only to Hindus. 
	 The	 law	 codifies	 the	 legal	 process	 of	 adopting	 childr en	 by	 a	 Hindu	 adult	 and	 the	 legal	 obligations	
to	provide	maintenance	to	the	various	family	members.
 Law on adoption for other religions/ communities:
	 Ther e	 is	 no	 law	 on	 adoption	 for	 Christians,	 P arsis,	 and	 Muslims.	 A	 person	 belonging	 to	 these	
communities	 has	 to	 get	 himself	 appointed	 as	 guardian	 under	 the	 Guardians	 and	 W ards	 Act,	
1890. This Act applies to all communities and castes. 
CHAPTER
3
Did you know that Steven Paul 
Jobs was born on February 24, 
1955, to Abdul fattah Jandali 
and Joanne Schieble, and was 
adopted by Paul and Clara Jobs?
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
	 The	 cour t	 will	 take	 into	 consideration	 the	 personal	 law	 of	 the	 minor	 while	 appointing	 or	 declaring	
a	 person	 as	 guardian	 under	 the	 Guardians	 and	 W ards	 Act,	 1890.	 Once	 a	 person	 is	 appointed	 or	
declar ed	 as	 a	 guardian,	 he	 has	 to	 abide	 by	 the	 provision s	 of	 the	 Guardians	 and	 W ards	 Act,	 1890.
II. Minor Custody and Guardianship
A. Who is a Minor? 
	 Minor	 is	 a	 person	 who	 has	 not	 completed	 the	 age	 of	 18	 years	 under	 the	 Indian	 Majority	 Act,	
1875.
B. Who is a Guardian?
	 A	 Guardian	 is	 a	 person 	 who	 has	 rights	 and	 duties	 with	 r espect	 to	 the	 car e	 and	 control	 of	 a	 minor ’s	
person in relation to body or property (estate or wealth of minor). 
	 These	 rights	 of	 guardi an	 include	 the	 right	 to	 deter mine	 the	 child’s	 upbringing	 in	 r egard	 to	
r eligion,	 education,	 and	 other	 matters	 such	 as	 the	 disposal	 of	 proper ties	 and	 so	 on.	 A	 guardian	
is	 vested	 with	 the	 duty	 to	 act	 for	 the	 welfar e	 of	 the	 mino r .	 The	 welfar e	 of	 the	 child	 is	 paramount	
consideration	for	the	cour t	in	matters	per taining	to	custody	and	guardianship	of	the	child.	
	 In	matters	of	custody	and	guardianship	ever y	community	has	its	own	laws.
C. The Guardians and Wards Act, 1890
	 This	 is	 a	 non -r eligious	 and	 universally	 applicable	 law	 r egarding	 the	 issues	 r elating	 to	 guardianship	
of a child in India.
	 The	 Guardians	 and	 W ards	 Act,	 1890	 was	 passed	 during	 the	 British	 period.	 This	 Act	 has	 authorized	
the	cour t	to	appoint	guardian	for	a	minor	child.	The	child	may	belong	to	any	community .
D. The Hindu Minority and Guardianship Act, 1956
 The Hindu Minority and Guardianship Act was enacted in 1956. This Act has codified the law 
r elating	to	custody	and	guardianship	of	childr en	belonging	to	the	Hindu	community .
	 Guardian	includes	the	f ollowing:
 v 	 a	natu ral	guardian
 v 	 a	guar dian	appointed	by	th e	will	of	the	minor ’s	father	or	mother
 v 	 a	guar dian	appointed	or	de clar ed	by	a	cour t
E. De-jure and De-facto guardians
	 A	 guardia n	 can	 be	 de-jur e	 (authority	 vested	 by	 law)	 or	 de-facto	 (e xer cising	 power	 without	 being	
legally	established).	
 Types of De-jure guardians
	 De-jur e	guardians	can	b e	of	thr ee	types,	they	ar e:	
	 •	 Natural	 guardians 	 (by	 bir th):	 Generally ,	 father	 and	 mother	 ar e	 r ecognized	 as	 natural	
guardians	of	the	child	
	 •	 T estamentar y	guardians:	Guardians	appointed 	by	will
	 •	 Cer tificated	 guardi ans:	 Guardians	 appointed	 by	 the	 cour t	 under	 the	 Guardians	 and	 W ards	
Act,	1890	ar e	known	as	Cer tificated	guardians
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
157
F . Natural Guardian 
	 Natural	 Guardian	 of	 a	 Hindu	 minor:	 Section	 6	 of	 Hindu	 Minority	 and	 Guardianship	 Act,	 1956	
provides	 that	 the	 natural	 guardian	 of	 a	 Hindu	 minor	 boy	 or	 unmar ried	 girl	 in	 r espect	 of	 the	
minor ’s	 	 person	 as	 well	 as	 in	 r espect	 of	 the	 minor ’s	 proper ty	 is	 the	 father ,	 and	 only	 after	 him,	 the	
mother .	 The	 mother	 is	 entitled	 to	 guardianship	 ‘after ’	 the	 father .	 Her e,	 the	 ter m	 ‘after ’	 means	 ‘in	
the	 absence	 of ’.	 Ordinarily ,	 the	 custody	 of	 a	 minor	 child	 who	 is	 below	 the	 age	 of	 five	 years	 is	
given	to	the	mother .	
	 Thus,	 a	 functional	 guardian	 (person	 who	 is	 looking	 after	 the	 welfar e	 of	 the	 child	 and	 actually	
taking	 car e	 of	 him)	 will	 be	 given	 r esponsibility	 of	 the	 guardianship.	 It	 is	 immaterial	 whether	 that	
person is a father or mother. The paramount consideration is the welfare of the child.
 Position under Muslim Law
	 Muslims	 do	 not	 r ecognize	 mother	 as	 a	 guardian,	 whether	 natural	 or	 other wise.	 But	 she	 has	 the	
‘right of hizanat’ ,	 which	 is	 the	 right	 of	 the	 mother	 to	 have	 custody	 of	 the	 child	 during	 early	
childhood. 
	 A	 guardian	 appointed	 by	 ‘ will’	 is	 known	 as	 a	 testamentar y	 guardian.	 Under	 the	 Hindu	 Minority	
and	 Guardianship	 Act,	 1956,	 both	 the	 par ents	 can	 appo int	 a	 testamentar y	 guardian	 for	 the	 child.	
 Position under Muslim Law
	 But	 it	 is	 not	 so	 among	 Muslims.	 In	 Muslim	 law ,	 only 	 father	 has	 power	 to	 appoint	 a	 testamentar y	
guardian.	The	mother	has	no	such	power .
III. Exercises 
Based	on	your	understanding,	answer	the	following	questions:
Q-1 	 The	 Act	 that	 codified	 the	 law	 r elating	 to	 custody	 and	 guardianship	 of	 childr en	 belonging	 to	 the	
Hindu community is known as:
	 1.	 The	Guardians	and	W ards	Act,	1890
 2. The Hindu Minority and Guardianship Act, 1956
 3. The Hindu Adoption and Maintenance Act, 1956
	 4.	 The	Hindu	Mar riage	and	Divor ce	Act
Q-2 	 Which	of	the	following	 communities	has	a	law	on	Adoption?
	 1.	 Christians
	 2.	 P arsis
 3. Hindus
 4. Muslims
Q-3 Anisha’s	 (a	 minor)	 father	 appointed	 Anisha’s	 aunt	 as	 her	 guardian	 in	 his	 W ill	 under	 the	 Hindu	
Minority	and	Guardianship	Act,	1956.	Anisha’s	aunt	is	a:
 1. Testamentary Guardian
	 2.	 Natural	Guardian
	 3.	 De	facto	Guardian
	 4.	 Cer tificated	Guardian
Q-4 Shanay a	is	a	five	year	 old	Muslim	 girl.	Her	par ents	ar e	separated.	 Which	 par ent	will	get	custody	
of	the	child	and	why?	
Q-5 	 Anuj	 is	 the	 son	 of	 Neeta	 and	 Neelesh	 P andey .	 The	 couple	 separated	 and	 both	 ar e	 eager	 to	 seek	
Page 4


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
 
Adoption
Contents
I. Adoption
II. Minor custody and Guardianship
III. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Explain	Adoption
•	 Contrast	between	the	la ws	of	guardianship	under	various	r eligions
•	 Differ entiate	between	th e	types	of	guardians
I. Adoption
A. What is Adoption?
 Adoption is the act of establishing a person as parent to 
one who is not in fact or in law his child. It is the means by 
which	 a	 legal	 r elationship	 is	 established	 between	 the	 par ent	 and	
child	 who	 ar e	 not	 so	 r elated	 biologically .	 It	 is	 also	 defined	 as	 a	
process by which people take a child who was not born to them 
and raise him or her as a member of their family. 
	 Earlier ,	 the	 objective	 of	 adoption	 was	 mainly	 to	 secur e	 per for mance	 of	 funeral	 rites	 and	 to	
pr eser ve	the	continuance	of	one’s	lineage.	
B. Statutes governing Adoption 
 The Hindu Adoption and Maintenance Act, 1956
	 In	 India,	 the	 only	 statute	 gover ning	 adoption	 is	 the	Hindu Adoption and Maintenance Act, 
1956. Its ambit is confined only to Hindus. 
	 The	 law	 codifies	 the	 legal	 process	 of	 adopting	 childr en	 by	 a	 Hindu	 adult	 and	 the	 legal	 obligations	
to	provide	maintenance	to	the	various	family	members.
 Law on adoption for other religions/ communities:
	 Ther e	 is	 no	 law	 on	 adoption	 for	 Christians,	 P arsis,	 and	 Muslims.	 A	 person	 belonging	 to	 these	
communities	 has	 to	 get	 himself	 appointed	 as	 guardian	 under	 the	 Guardians	 and	 W ards	 Act,	
1890. This Act applies to all communities and castes. 
CHAPTER
3
Did you know that Steven Paul 
Jobs was born on February 24, 
1955, to Abdul fattah Jandali 
and Joanne Schieble, and was 
adopted by Paul and Clara Jobs?
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
	 The	 cour t	 will	 take	 into	 consideration	 the	 personal	 law	 of	 the	 minor	 while	 appointing	 or	 declaring	
a	 person	 as	 guardian	 under	 the	 Guardians	 and	 W ards	 Act,	 1890.	 Once	 a	 person	 is	 appointed	 or	
declar ed	 as	 a	 guardian,	 he	 has	 to	 abide	 by	 the	 provision s	 of	 the	 Guardians	 and	 W ards	 Act,	 1890.
II. Minor Custody and Guardianship
A. Who is a Minor? 
	 Minor	 is	 a	 person	 who	 has	 not	 completed	 the	 age	 of	 18	 years	 under	 the	 Indian	 Majority	 Act,	
1875.
B. Who is a Guardian?
	 A	 Guardian	 is	 a	 person 	 who	 has	 rights	 and	 duties	 with	 r espect	 to	 the	 car e	 and	 control	 of	 a	 minor ’s	
person in relation to body or property (estate or wealth of minor). 
	 These	 rights	 of	 guardi an	 include	 the	 right	 to	 deter mine	 the	 child’s	 upbringing	 in	 r egard	 to	
r eligion,	 education,	 and	 other	 matters	 such	 as	 the	 disposal	 of	 proper ties	 and	 so	 on.	 A	 guardian	
is	 vested	 with	 the	 duty	 to	 act	 for	 the	 welfar e	 of	 the	 mino r .	 The	 welfar e	 of	 the	 child	 is	 paramount	
consideration	for	the	cour t	in	matters	per taining	to	custody	and	guardianship	of	the	child.	
	 In	matters	of	custody	and	guardianship	ever y	community	has	its	own	laws.
C. The Guardians and Wards Act, 1890
	 This	 is	 a	 non -r eligious	 and	 universally	 applicable	 law	 r egarding	 the	 issues	 r elating	 to	 guardianship	
of a child in India.
	 The	 Guardians	 and	 W ards	 Act,	 1890	 was	 passed	 during	 the	 British	 period.	 This	 Act	 has	 authorized	
the	cour t	to	appoint	guardian	for	a	minor	child.	The	child	may	belong	to	any	community .
D. The Hindu Minority and Guardianship Act, 1956
 The Hindu Minority and Guardianship Act was enacted in 1956. This Act has codified the law 
r elating	to	custody	and	guardianship	of	childr en	belonging	to	the	Hindu	community .
	 Guardian	includes	the	f ollowing:
 v 	 a	natu ral	guardian
 v 	 a	guar dian	appointed	by	th e	will	of	the	minor ’s	father	or	mother
 v 	 a	guar dian	appointed	or	de clar ed	by	a	cour t
E. De-jure and De-facto guardians
	 A	 guardia n	 can	 be	 de-jur e	 (authority	 vested	 by	 law)	 or	 de-facto	 (e xer cising	 power	 without	 being	
legally	established).	
 Types of De-jure guardians
	 De-jur e	guardians	can	b e	of	thr ee	types,	they	ar e:	
	 •	 Natural	 guardians 	 (by	 bir th):	 Generally ,	 father	 and	 mother	 ar e	 r ecognized	 as	 natural	
guardians	of	the	child	
	 •	 T estamentar y	guardians:	Guardians	appointed 	by	will
	 •	 Cer tificated	 guardi ans:	 Guardians	 appointed	 by	 the	 cour t	 under	 the	 Guardians	 and	 W ards	
Act,	1890	ar e	known	as	Cer tificated	guardians
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
157
F . Natural Guardian 
	 Natural	 Guardian	 of	 a	 Hindu	 minor:	 Section	 6	 of	 Hindu	 Minority	 and	 Guardianship	 Act,	 1956	
provides	 that	 the	 natural	 guardian	 of	 a	 Hindu	 minor	 boy	 or	 unmar ried	 girl	 in	 r espect	 of	 the	
minor ’s	 	 person	 as	 well	 as	 in	 r espect	 of	 the	 minor ’s	 proper ty	 is	 the	 father ,	 and	 only	 after	 him,	 the	
mother .	 The	 mother	 is	 entitled	 to	 guardianship	 ‘after ’	 the	 father .	 Her e,	 the	 ter m	 ‘after ’	 means	 ‘in	
the	 absence	 of ’.	 Ordinarily ,	 the	 custody	 of	 a	 minor	 child	 who	 is	 below	 the	 age	 of	 five	 years	 is	
given	to	the	mother .	
	 Thus,	 a	 functional	 guardian	 (person	 who	 is	 looking	 after	 the	 welfar e	 of	 the	 child	 and	 actually	
taking	 car e	 of	 him)	 will	 be	 given	 r esponsibility	 of	 the	 guardianship.	 It	 is	 immaterial	 whether	 that	
person is a father or mother. The paramount consideration is the welfare of the child.
 Position under Muslim Law
	 Muslims	 do	 not	 r ecognize	 mother	 as	 a	 guardian,	 whether	 natural	 or	 other wise.	 But	 she	 has	 the	
‘right of hizanat’ ,	 which	 is	 the	 right	 of	 the	 mother	 to	 have	 custody	 of	 the	 child	 during	 early	
childhood. 
	 A	 guardian	 appointed	 by	 ‘ will’	 is	 known	 as	 a	 testamentar y	 guardian.	 Under	 the	 Hindu	 Minority	
and	 Guardianship	 Act,	 1956,	 both	 the	 par ents	 can	 appo int	 a	 testamentar y	 guardian	 for	 the	 child.	
 Position under Muslim Law
	 But	 it	 is	 not	 so	 among	 Muslims.	 In	 Muslim	 law ,	 only 	 father	 has	 power	 to	 appoint	 a	 testamentar y	
guardian.	The	mother	has	no	such	power .
III. Exercises 
Based	on	your	understanding,	answer	the	following	questions:
Q-1 	 The	 Act	 that	 codified	 the	 law	 r elating	 to	 custody	 and	 guardianship	 of	 childr en	 belonging	 to	 the	
Hindu community is known as:
	 1.	 The	Guardians	and	W ards	Act,	1890
 2. The Hindu Minority and Guardianship Act, 1956
 3. The Hindu Adoption and Maintenance Act, 1956
	 4.	 The	Hindu	Mar riage	and	Divor ce	Act
Q-2 	 Which	of	the	following	 communities	has	a	law	on	Adoption?
	 1.	 Christians
	 2.	 P arsis
 3. Hindus
 4. Muslims
Q-3 Anisha’s	 (a	 minor)	 father	 appointed	 Anisha’s	 aunt	 as	 her	 guardian	 in	 his	 W ill	 under	 the	 Hindu	
Minority	and	Guardianship	Act,	1956.	Anisha’s	aunt	is	a:
 1. Testamentary Guardian
	 2.	 Natural	Guardian
	 3.	 De	facto	Guardian
	 4.	 Cer tificated	Guardian
Q-4 Shanay a	is	a	five	year	 old	Muslim	 girl.	Her	par ents	ar e	separated.	 Which	 par ent	will	get	custody	
of	the	child	and	why?	
Q-5 	 Anuj	 is	 the	 son	 of	 Neeta	 and	 Neelesh	 P andey .	 The	 couple	 separated	 and	 both	 ar e	 eager	 to	 seek	
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
158
the	 custody	 of	 Anuj.	 Who	 will	 be	 Anujs	 guardian	 under	 Hindu	 law?	 Explain	 the	 position	 of	 both	
the mother and father.
Q-6 	 Angad,	 a	 minor	 sikh	 was	 staying	 in	 Delhi	 with	 his	 par ents	 who	 wer e	 involved	 in	 a	 bitter	 battle	
over	his	custody .	Explain	with	r elevant	provisions	as	to	who	will	get	his	custody?