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PYQ 1200 Q/A Part - 1
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PYQ 1200 Q/A Part - 5
Kerala PSC India Year Book Study Materials Page 345
Book's First PageThe Parsi Marriage and Divorce Act, 1936 governs the matrimonial relations of Parsis. The word ‘Parsi’ is defined in the Act as a Parsi Zoroastrian. A Zoroastrian is a person who professes the Zoroastrian religion. It has a racial significance. Every marriage as well as divorce under this Act is required to be registered in accordance with the procedure prescribed in the Act. The provisions of the Parsi Marriage and Divorce Act, 1936 have been enlarged so as to bring them in line with The Hindu Marriage Act, 1955. Sections 39 and 49 of The Parsi Marriage and Divorce Act, 1936 were amended by The Marriage Laws (Amendment) and education of minor children be disposed off within 60 days from the date of service of notice on the wife or the husband as the case may be. As for the matrimonial laws of Jews, there is no codified law in India. Even today, they are governed by their religious laws. Jews do not regard marriage as a civil contract, but as a relation between two persons involving very sacred duties. Marriage can be dissolved through courts on grounds of adultery or cruelty. Marriages are monogamous. Adoption Although there is no general law governing adoption, it is permitted by The Hindu Adoption and Maintenance Act, 1956 amongst Hindus and by custom amongst a few numerically insignificant categories of persons. Since adoption is legal affiliation of a child, it forms the subject matter of personal law. Muslims, Christians and Parsis have no adoption laws and have to approach the court under The Guardians and Wards Act, 1890. Muslims, Christians and Parsis can take a child under the said Act only under foster care. Once a child under foster care attaining the age of majority, that is eighteen years old, he is free to break away all these connections. Besides, such a child does not have the legal right of inheritance. Foreigners, who want to adopt Indian children have to approach the court under the aforesaid Act. The Hindu law relating to adoption has been amended and codified into the Hindu Adoptions and Maintenance Act, 1956, under which a male or female Hindu having legal capacity, can take a son or a daughter in adoption. In dealing with the question of guardianship of a minor child, as in other spheres of family law, there is no uniform law. Hindu law, Muslim Law and the Guardians and Wards Act, 1890 are three distinct legal systems which are prevalent. A guardian may be a natural guardian, testamentary guardian or a guardian appointed by the court. In deciding the question of guardianship two distinct things have to be taken into account - person of the minor and his property. Often the same person is not entrusted with both. Though The Personal Laws (Amendment) Act, 2010, the Hindu Adoptions and Maintenance Act, 1956 was amended so as to remove the incapacity of married women to take in adoption of a son or a daughter merely on the basis of her marital status and to provide that the mother with the consent of the father and the father with the consent of the mother shall have equal right to give in adoption of their children. The Hindu Minority and Guardianship Act, 1956 has codified laws of Hindus relating to minority and guardianship. As in the case of uncodified law, it has upheld the superior right of father. It lays down that a child is a minor till the age of 18 years. Prior right of mother is recognised only for the custody of children below five. In case of illegitimate children, the mother has a better claim than the putative father. The act makes no distinction between the person of the minor and his property and therefore guardianship implies control over both. Under the Muslim Law (Shariat), the father enjoys a dominant position. It also makes a distinction between guardianship and custody. For guardianship, which has usually reference to guardianship of property, according to Sunnis, the father is preferred and in his absence his executor. If no executor has been appointed by the father, the guardianship passes on the paternal