Adoption of Muslim Child by Hindu Adoptive Parents: A Case of Conflicting Personal Laws
family clat_ug advanced pyq_discussionTo be honest, CLAT UG 2018 ka question tha, "A Muslim girl child, who has been deserted by her parents, had been living with her Hindu uncle and aunt for 10 years. Both the uncle and aunt are willing to adopt the child. Can the child be adopted by the Hindu uncle and aunt under Hindu Adoption and Maintenance Act (HAMA) 1956, despite the child being a Muslim? Discuss."
Mujhe lagta hai ke correct approach ke liye hume personally law ke concepts aur fundamental rights ke saath-saath Hindu Adoption and Maintenance Act 1956 ka analysis karna hoga. Iska matlab hai ki hume apne case mein Hindu Adoption and Maintenance Act 1956 ke provisions ko match karna hoga aur kya ye adoption possible hai ya nahi.
2 Comments
"Main to yeh samjhna chahta hoon ki adoption ke liye Hindu Adoption and Maintenance Act (HAMA) ka upyog kiya jaata hai, lekin Muslim child ka adoption Hindu parivaar ke dwara ek kathin faisla hai. HAMA ke anusar adoption ke liye dono maa-baap ko mukhya mahaatva dene wala hai, jisse iska suraksha ek sambhav kathanas hai.
This article highlights the complexities surrounding the adoption of a Muslim child by Hindu parents. The conflict arises from the clash between the Guardians and Wards Act, 1890, and the Muslim Personal Law (Shariat) Application Act, 1937. The former allows for the adoption, but the latter restricts it. The article emphasizes the need for a uniform civil code to resolve these inter-religious adoption disputes and provide a fair and just outcome for all parties involved, kuch to khatam ho jaaye.