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A child has a Hindu parent and a Muslim parent. For the purpose of Explanation (b) to section 2(1) of…

Explanation (b) to section 2(1) covers a child with one Hindu parent who is brought up as a member of that parent’s tribe, community, group or family. This is a rule about…

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A child has a Hindu parent and a Muslim parent. For the purpose of Explanation (b) to section 2(1) of the Hindu Marriage Act, 1955, what additional fact brings the child within the provision concerning children with one Hindu parent?

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Answer and explanation

Correct answer A

Explanation (b) to section 2(1) covers a child with one Hindu parent who is brought up as a member of that parent’s tribe, community, group or family. This is a rule about the application of the Hindu Marriage Act.

Option feedback

Option A

The provision expressly considers whether the child is brought up in the community or family of the Hindu parent.

Option B

The provision turns on upbringing. Registration of the birth does not establish the specified upbringing.

Option C

A surname is not the test under this clause.

Option D

The place of residence does not establish the required upbringing.

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