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

Based on your understanding, answer the following questions: 

​Q1. The Act that codified the law relating to custody and guardianship of children belonging to the Hindu community is known as: 
(i) The Guardians and Wards Act, 1890 
(ii) The Hindu Minority and Guardianship Act, 1956 
(iii) The Hindu Adoption and Maintenance Act, 1956 
(iv) The Hindu Marriage and Divorce Act 
Ans: The Hindu Minority and Guardianship Act, 1956.

Q2. Which of the following communities has a law on Adoption? 
(i) Christians 
(ii) Parsis 
(iii) Hindus 
(iv) Muslims 
Ans: Law on Adoption in Different Communities
Among the communities listed, only Hindus have a specific law governing adoption. This is codified under the Hindu Adoption and Maintenance Act, 1956, which outlines the legal process for adopting children and the responsibilities of adoptive parents.
In contrast, there is no specific law on adoption for Christians, Parsis, and Muslims. Individuals from these communities must seek guardianship under the Guardians and Wards Act, 1890, which applies to all communities but does not provide for adoption as defined in Hindu law.
Summary

• ​Christians: No specific law on adoption.
• Parsis: No specific law on adoption.
• Hindus: Governed by the Hindu Adoption and Maintenance Act, 1956.
• Muslims: No specific law on adoption.

Q3. Anisha's (a minor) father appointed Anisha's aunt as her guardian in his Will under the Hindu Minority and Guardianship Act, 1956. Anisha's aunt is a: 
(i) Testamentary Guardian 
(ii) Natural Guardian 
(iii) De facto Guardian 
(iv) Certificated Guardian 
Ans: Anisha's aunt is classified as a: Testamentary Guardian
This classification is based on the fact that Anisha's father appointed her aunt as guardian in his Will under the Hindu Minority and Guardianship Act, 1956. A testamentary guardian is specifically appointed by the will of a parent, which aligns with the situation described.

Q4. Shanaya is a five year old Muslim girl. Her parents are separated. Which parent will get custody of the child and why? 
Ans: In the case of Shanaya, a five-year-old Muslim girl whose parents are separated, the custody decision will primarily be influenced by the principles of Muslim law and the welfare of the child.
Custody Under Muslim Law
Under Muslim law, the mother has the right of hizanat, which grants her custody of the child during early childhood. This right is recognized for children under the age of seven. Therefore, in the absence of any other compelling factors, the mother is generally favored for custody of a child of Shanaya's age.
Considerations for Custody
While the mother has the right to custody, the court will also consider the overall welfare of the child. Factors such as the living conditions, emotional stability, and the ability of each parent to provide for the child's needs will be evaluated. If the mother is deemed unfit or if there are significant concerns regarding her ability to care for Shanaya, the father may be granted custody.
Conclusion
Given the circumstances, it is likely that the mother will be awarded custody of Shanaya based on her right of hizanat, unless there are substantial reasons to believe that the father would provide a better environment for the child's upbringing.

Q5. Anuj is the son of Neeta and Neelesh Pandey. The couple separated and both are eager to seek the custody of Anuj. Who will be Anuj's guardian under Hindu law? Explain the position of both the mother and father.
Ans: Anuj, being the son of Neeta and Neelesh Pandey, falls under the purview of the Hindu Minority and Guardianship Act, 1956. In cases of custody disputes, the law prioritizes the welfare of the child, which is the paramount consideration.
Position of the Mother (Neeta)
Under Section 6 of the Hindu Minority and Guardianship Act, the natural guardian of a Hindu minor boy is the father, followed by the mother. However, for children under the age of five, custody is typically awarded to the mother. This is based on the principle that the welfare of the child is best served in the care of the mother during early childhood.
Position of the Father (Neelesh)
The father, as the natural guardian, has the primary legal right to seek custody. However, his ability to secure custody will depend on demonstrating that it is in Anuj's best interests. If Neelesh can prove that he can provide a stable and nurturing environment, he may be favored in the custody decision.
Conclusion
Ultimately, while both parents have rights to seek custody, the court will consider the welfare of Anuj above all. If he is under five years old, the mother may have a stronger claim, but the father's role and capability will also be critically evaluated.

Q5. Angad, a minor sikh was staying in Delhi with his parents who were involved in a bitter battle over his custody. Explain with relevant provisions as to who will get his custody?
Ans: In the case of Angad, a minor Sikh child involved in a custody battle between his parents in Delhi, the determination of custody will be guided by several legal provisions under Indian law, primarily the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890.
Relevant Provisions

• Natural Guardians: Under the Hindu Minority and Guardianship Act, both parents are considered natural guardians of their minor children. The Act states that the welfare of the child is the paramount consideration in custody matters.
• Custody Considerations: For minors below the age of five, custody is typically awarded to the mother, reflecting the principle that young children should be with their primary caregiver.
• Welfare of the Child: The court will assess the overall welfare of Angad, considering factors such as emotional bonds, living conditions, and the ability of each parent to provide a stable environment.
• De-facto Guardians: The court may also consider who has been the de-facto guardian, meaning who has been taking care of Angad on a day-to-day basis.

Conclusion
Ultimately, the court will decide custody based on the best interests of Angad, taking into account the provisions of the relevant laws, the age of the child, and the circumstances surrounding the parents' ability to provide care.