Match List I with List II List I - decisionsList II - cases A. Right to adopt a child is inherent in…
Philips Alfred Malvin v. Y.J. Gonsalvis linked the right to adopt with Article 21 of the Constitution (A - III); Shabnam Hashmi v. Union of India, (2014) 4 SCC 1, held that…
Choose your answer
Match List I with List II
| List I - decisions | List II - cases |
|---|---|
| A. Right to adopt a child is inherent in the right to life under Article 21 of the Constitution | I. Badshah v. Urmila Badshah |
| B. Right of any person, irrespective of religion or personal law, to adopt a child under the secular enabling framework of the Juvenile Justice law (now embodied in Chapter VIII of the Juvenile Justice (Care and Protection of Children) Act, 2015), though the right 'to adopt' and 'to be adopted' could not yet be elevated to the status of a fundamental right under Article 21 of the Constitution of India | II. Savitaben Somabhai Bhatiya v. State of Gujarat |
| C. An innocent second wife, who was unaware of the husband's subsisting first marriage, is entitled to maintenance under the statutory summary maintenance provision (Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023) | III. Philips Alfred Malvin v. Y.J. Gonsalvis |
| D. As a general rule, 'wife' for the purpose of the statutory summary maintenance provision (Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023) means only a legally wedded wife | IV. Shabnam Hashmi v. Union of India |
Answer and explanation
Correct answer D
Philips Alfred Malvin v. Y.J. Gonsalvis linked the right to adopt with Article 21 of the Constitution (A - III); Shabnam Hashmi v. Union of India, (2014) 4 SCC 1, held that the Juvenile Justice legislation (the 2000 Act and 2007 Rules interpreted in that 2014 decision; now continued in Chapter VIII, Sections 56–68 of the Juvenile Justice (Care and Protection of Children) Act, 2015) is a secular enabling law that gives a prospective parent the option of adopting an eligible child irrespective of religion or personal law (without displacing personal law for persons who choose not to invoke the statutory option), while declining to elevate the right to adopt and be adopted to the status of a fundamental right under Article 21 at that stage (B - IV); Badshah v. Urmila Badshah Godse (2014) held that an unwitting second wife whose husband concealed his subsisting first marriage is entitled to maintenance under the statutory summary maintenance provision, now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC) (C - I); and Savitaben Somabhai Bhatiya v. State of Gujarat (2005) laid down the general rule that 'wife' under that maintenance provision means a legally wedded wife (D - II). Thus, 'A - III, B - IV, C - I, D - II' is correct.
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