A child has one Hindu parent and one parent who is neither Hindu, Buddhist, Jaina nor Sikh. Assume the…
The explanation to section 2(1) treats a child with one Hindu parent as Hindu under the upbringing rule if the child was brought up as a member of the tribe, community,…
Choose your answer
A child has one Hindu parent and one parent who is neither Hindu, Buddhist, Jaina nor Sikh. Assume the Scheduled Tribe exception does not apply. Under section 2 of the Hindu Marriage Act, 1955, which upbringing brings the child within the Act?
Answer and explanation
Correct answer C
The explanation to section 2(1) treats a child with one Hindu parent as Hindu under the upbringing rule if the child was brought up as a member of the tribe, community, group or family to which that parent belongs or belonged.
Option feedback
Option A
Sharing the parent’s surname does not satisfy the upbringing criterion by itself.
Option B
Place of birth does not establish upbringing in the parent’s community or family.
Option C
Upbringing as a member of the Hindu parent’s tribe, community, group or family is the statutory criterion.
Option D
Legal custody alone does not establish upbringing as a member of the Hindu parent’s group.
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