Consider three children. A Sikh father and Jain mother have one child within marriage and one outside…
The explanation to section 2(1) covers children of two qualifying parents regardless of whether the parents are married. With one qualifying parent, the child must be…
Choose your answer
Consider three children. A Sikh father and Jain mother have one child within marriage and one outside marriage. A Hindu father and Parsi mother have a child outside marriage who is brought up as a member of the father’s Hindu community. Assuming no statutory exclusion, which children are covered by section 2 of the Hindu Marriage Act, 1955?
Answer and explanation
Correct answer D
The explanation to section 2(1) covers children of two qualifying parents regardless of whether the parents are married. With one qualifying parent, the child must be brought up as a member of that parent’s tribe, community, group or family. All three children meet the stated tests.
Option feedback
Option A
The two children with Sikh and Jain parents are covered. The child raised in the Hindu father’s community also meets the statutory test.
Option B
The child born outside marriage to the Sikh and Jain parents also meets the two-parent test.
Option C
The child born within marriage to the Sikh and Jain parents also meets the two-parent test.
Option D
The two-parent test covers both children with Sikh and Jain parents. The one-parent and upbringing test covers the third child.
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