In the absence of any proceeding under the Hindu Marriage Act, between the parents of the children, an…
Where no proceeding under the Hindu Marriage Act is pending, section 26 of that Act cannot be used, and custody, maintenance and education of a minor are dealt with under…
Choose your answer
In the absence of any proceeding under the Hindu Marriage Act, between the parents of the children, an order for the custody, maintenance and education of minor children can be passed by the:
Answer and explanation
Correct answer D
Where no proceeding under the Hindu Marriage Act is pending, section 26 of that Act cannot be used, and custody, maintenance and education of a minor are dealt with under the Guardians and Wards Act, 1890. Under sections 4(4) and 7 of that Act the guardianship court is the District Court, which includes a High Court exercising ordinary original civil jurisdiction, and section 3 saves the existing powers of the High Courts; so "All of the given options are correct". None of the listed courts has exclusive jurisdiction over such an order.
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