CONVERSION AND ITS EFFECTS ON FAMILY

(..3..)

CONVERSION AND ITS EFFECTS ON FAMILY[1]

Table of Contents

QUESTION BANK

“My Religion is Only True Religion, Convert to my Religion”

Q.1 Explain the need for a uniform civil code with cases.   

I. INTRODUCTION:-

          Laws in their applicability may be general (the law of the land) or personal. General law applies equally to all persons in the country irrespective of their caste, creed,  religion[2] etc. Such laws are the Indian Penal Code, Contract Act, Evidence and Consumer Protection Act, etc. These acts prohibit or allow particular behaviour patterns in the general sphere, such as crime, contract, taxation, education, etc. These laws, therefore, are secular in their application. Personal law applies to a particular class of persons professing that particular religion, e.g. Hindu Law applies to Hindus, Mohammedan Law applies to Muslims, Christian Law applies to Christians, Parsi Law applies to Parsis, etc. These personal laws apply specifically to those persons in matters of marriage, maintenance, guardianship, adoption, succession, custom, religion, etc. Personal Laws, therefore, are more religious in nature than secular.

          These personal laws sometimes differ highly from each other. In such circumstances, people are tempted to convert to another religion to get the benefits of the personal laws of that religion. As an instance, we can cite the following example.

In Sarla Mudgal V/s Union of India2

           Facts:– A Hindu man, having married under Hindu Law, converted to Islam without dissolving his marriage. He converted to get the benefit of a second marriage provided under Muslim law (because a Hindu cannot perform a second marriage when his first spouse is alive and the marriage between them is not broken). He accordingly performed a second marriage as a Muslim. The question arose before the court as to the status of the second marriage.

            Supreme Court Held:– that the second marriage is illegal and the husband can be prosecuted for bigamy[3] (performance of marriage by either spouse when the other is alive and the former marriage is in existence) under S. 494 of the I.P.C.

          A similar problem comes in cases of granting maintenance to Muslim women (Shahabano’s Case) while deciding the rights of widow and their children, etc.

          Thus, from the above cases, it is clear that conversion for personal benefits creates several problems. Such Conversions are not compatible[4] with the idea of secularism. Indian Constitution no doubt vowed the principle of secularism, but the secularism they mean differs from the above concept. They wanted secularism in the true sense. They were directed to relax religious diversity and bring all persons to par with an Indian. Therefore, Art. 44 of the Indian Constitution directs the State (i.e., the Indian Government) to ‘secure for the citizens a Uniform Civil Code throughout the territory of India’. It is because the diversity in personal laws will not remain, and the law will apply to all uniformly. So, conversions will automatically stop, and secularism will be practised in the true sense.

          In India, inter-communal, inter-religious or international marriages are possible only under the provisions of the Special Marriage Act; in that case, the personal laws of both parties cease to apply. Thus, all matrimonial matters are governed by the Special Marriage Act. The Indian Succession Act of 1925 regulates succession to their property. The caste Disability Removal Act of 1850 has also played a vital role in secularising the difficulties of inter-personal laws by removing all sorts of disabilities in succession, guardianship, marriage, etc., attached to the converted persons.

          (This paper will discuss the conversion to Hinduism, Islam, Christianity, and Parsi and its effects on marriage, adoption, guardianship, and succession.)

A] CONVERSION TO HINDUISM:-

QUESTION BANK

Q.1 Explain the effect of conversion on marriage and adoption.

Q.2. Explain the effect of conversion on marriage and adoption.

SYNOPSIS

 I]    CONVERSION TO HINDUISM

II]     EFFECT OF CONVERSION

                                                           1)         On Applicability of Law.

                                                           2)         On Rights of succession.

                                                           3)         On Marital Right.

                                                           4)         On the right of guardianship.

                                                           5)         On adoption.

I]       CONVERSION TO HINDUISM:-

          At one time, it was thought that a Hindu “is born and not made”. In other words, Hinduism is a closed door for other religions to come, but an outlet is always open to going out of the religion. It is because if one has to become Hindu, what will he become? Will he become Brahmin, Kshatrya, Vaisya or Shudra. However, now, even a person who is not Hindu by birth can embrace Hinduism. Conversion to Hinduism has been upheld in several decisions by the court.

In Ratansi Morarji V/s Administrator General of Madras3

             Facts:– An Austrian lady, born into the Christian religion, was converted to Hinduism. She then married a Hindu and died, leaving a will[5]. However, this will not be attested. So, the issue before the court was whether the lady was a Hindu or a Christian. Because an unattested will is valid if a Hindu makes it but not so if a Christian makes it.

            Held: Hinduism recognizes conversion, and the Austrian lady had become a convert to Hinduism and was governed by Hindu law.

II]      EFFECTS OF CONVERSION[6]:-

1)       On Applicability of Law:-

          The Hindu law governs persons converted to Hinduism. However, the question comes as to the effect of converting a Hindu to another religion. Could he retain the applicability of Hindu law even though it is connected to another religion? This issue was first time decided by the Privy Council in Abraham V/s Abraham’s Case4

Court Held:– that (1) the effect of conversion of a Hindu to Christianity is to sever his

                                    connection with the Hindu family.

                               (2) Such a person may elect “to abide by the old law (i.e. Hindu Law)

                                     even though he has renounced[7] that religion”.

          In 1865, the Indian Succession Act was passed, regulating succession to the property of Christians. However, despite this Act, a Hindu converted to Christianity could elect to be governed by the rule of survivorship[8] in a joint family5.

          In some cases, the same law (Hindu law) applied to conversion to Mohammedanism. Thus, Khojas and Cutchi Memons of Bombay State were governed in matters of succession by Hindu Law Even though they were converted to Islam. However, after passing The Shariat Act of 1937, they became governed by Mohammedan law only.

2)       On Rights of Succession[9]:-

          Under Hindu law, a convert from Hinduism cannot inherit the Hindu relation. Similar is the position under the Mohammedan Law; a convert from Islam to another religion is excluded from inheritance. However, the Caste Removal Disabilities Act of 1850 has abrogated this rule. So now, a convert from any religion could not lose his right of succession in his previous religion. In a true sense, this has brought a character of secularism in the matter of inheritance.

3        On Marital Right[10]:-

          Conversion of one of the parties to a marriage has a definite effect on their marital rights. For example, if a Mohammedan husband renounces Islam and embraces another religion, the marriage is immediately treated as dissolved. The same effect will follow if the wife renounces Islam. However, the Dissolution of Muslim Marriage Act of 1939 has modified the above position. Now, upon her conversion to another religion, a wife can seek a divorce on any of the grounds mentioned in the Act.

          Under the Hindu Marriage Act of 1955, conversion of either party is a ground for seeking a divorce from the other party.

In Smt. Madhavi R. Dudani V/s Ramesh K. Dudani           

(AIR 2006 Bom. 94)

           The issue, in this case, was whether the marriage was null and void as the wife belonged to the Christian religion on the date of marriage, and no valid marriage was performed between the Hindu and non-Hindu.

           Bombay High Court held that marriage is performed according to Hindu Vedic rites, their children are given Hindu names and non-Catholic instructions in school, and the wife, after marriage, goes to Hindu religious places with her husband and participates in religious ceremonies like pooja, havan, etc. and has lived with her husband in a Hindu family for more than eight years. Hence, their marriage cannot be held void merely for want of proof of performance of the shudhikaran ceremony (conversion process).

4)       On Right of Guardianship[11]:-

          The paramount consideration regarding guardianship is the welfare of the minor. When the parent has guardianship of a minor and changes his/ her religion, the fact affects the parent’s fitness to continue as a guardian6. S. 6 of the Hindu Minority and Guardianship Act states that no person shall be entitled to act as the minor’s natural guardian- if the guardian has ceased to be a Hindu. The court has the power to remove any guardian from the guardianship of the minor. (See detailed notes at the end)

5)       On Adoption[12]:-

  1. 10 of the Hindu Adoptions and Maintenance Act, 1956 prohibits from being taken in the adoption of a child who is non-Hindu. However, an orphan can be taken in an adoption (S. 2 (bb) in clause 1).

Amar Satyam V/s State of Bihar

(AIR 2004 Pat. 83)

          Facts:-Candidate sought admission for M.B.B.S, under reserved category quota. However, subsequently, it was found that he had gone into adoption in a reserved category and was not born in a category capable of getting a reservation.

           Patna High Court Held that- a candidate belonging to an unreserved category, if goes into adoption to a person belonging to a reserved category, is not entitled to the benefit of reservation by such adoption. (See detailed notes at the end).

B)      CONVERSION TO ISLAM:-

SYNOPSIS

I]     MOHAMMEDAN BY CONVERSION OF RELIGION

                      II]     EFFECT OF CONVERSION TO ISLAM

   1)      On Succession

   2)      On Marital Right               .

  1. i) In Muslim Country
  2. ii) In a non-Muslim country

         iii)         In India

   3)      On Adoption

   4)      On Guardianship

  1. a) For the purpose of marriage
  2. b) For the purpose of minor
  3. c)  For the property of the minor

             III]     EFFECT OF CONVERSION FROM ISLAM

I]       MOHAMMEDAN BY CONVERSION OF RELIGION:-

          A non-Mohammedan can become a Mohammedan by-

  1. i) Professing Islam.
  2. ii)                    By undergoing the ceremony of conversion[13]

In Skinner V/s Order

           Facts:- One Christian lady named Skinner married a Christian man, George. However, the lady was cohabiting with another Christian man, namely Thomas. To legalize their living together as husband and wife, both underwent the ceremony of conversion to Islam. After some time, the question of the validity of their marriage arose.

            Privy Council Held:– that such marriage is not valid because conversion is not genuine, honest or bonafide[14] , but it is a fraud upon their personal law (i.e. Christian). One of the essentials of conversion is that it should be honest and bonafide and not colourable, malafide, pretended, or dishonest with the personal law to which he or she was subject.

II]      EFFECTS OF CONVERSION TO ISLAM:-

          When a convert professes Islam from that moment, he is governed in those matters by the Mohammedan Law. His apostasy (conversion) has no retrospective effect (i.e. applicable to those acts he performed when he was not Muslim).

          The effect of conversion on succession, marriage, custom, guardianship, etc., is as follows:-

1)       On Succession:-

          Succession to the property of a convert to Islam is governed by Mohammedan and not by his previous personal law except provided by custom.

          Therefore, if a Hindu, having a Hindu wife and children, converts to Islam and after conversion, he marries a Mohammedan wife and has children by her; after his death, his property will go to his Mohammedan wife and children and not to his Hindu wife and children. It is because Muslim personal law prohibits non-Muslims from succeeding Muslim property.

2)       On Marital Right:-

          According to Mohammedan Law, a distinction is made between the conversion to Islam of one of the spouses when such conversion takes place in a Muslim country and a Muslim country.

i)        In Muslim Country:-

          In a Muslim country, when one of the parties embraces Islam, he should offer Islam to the other spouse, and if the latter refuses, the marriage can be dissolved.

ii)       In non-Muslim countries:-

          In non-Muslim countries, marriage is automatically dissolved after the lapse of three months after the adoption of Islam by one of the spouses.

iii)      In India:-

          In India, the spouse who has become a convert to Islam can sue for divorce or a declaration of dissolution of marriage on the ground that the other spouse has refused to adopt the Muslim religion. The conversion of a Hindu to Islam does not ipso facto (from the mere fact of conversion) dissolve his marriage.

3)       On Adoption:-

          Adoption is necessarily the concept of Hindu law; there is no place in Mohammedan Law permitting adoption. The convert to Islam may be presumed to have abandoned the custom of adoption (if he was Hindu before). Those who allege that the usage has been retained must prove it. However, the local customs fully recognise it.

4)       On Guardianship:-

          Guardianship under the Mohammedan Law and the effect of conversion on it is as follows:-

a)        for the purpose of marriage:-

          According to Mohammedan Law, a guardian who may marry a minor must profess Islam. An apostate (a person converted to another religion) cannot be a guardian of any person in marriage. In several decisions, the court has held that even the Caste Disabilities Removal Act 1850 does not allow an apostate to be a guardian in a Muslim marriage.

b)       for the purpose of the minor’s person:-

          According to Mohammedan Law, apostasy is a disqualification, but this will not be so in India. It is because the Caste Disabilities Removal Act of 1850 allows a person (father, etc.) to be a guardian of a minor (Muslim) despite apostasy.

c)         for the property of the minor:-

           The only relations entitled to be legal guardians of the minor’s property are the father and the father’s father. According to Mohammedan Law, an apostate ceases to be a guardian of any sort. The Caste Disabilities Removal Act of 1850 empowers even apostates to be guardians of minors’ persons and property. A number of court rulings also upheld the provision of the Act.

 III]   EFFECT OF CONVERSION FROM ISLAM:-

          Under the pure Mohammedan Law – Mohammedans, after renouncing Islam

(i.e.accepting other religions) lose all rights to succeed in Muslim property. However, after the passing of the Caste Disabilities Removal Act of 1850, the apostate did not lose such right.

[C]      CONVERSION TO CHRISTIANITY:-

SYNOPSIS

   I]     CONVERSION TO CHRISTIANITY

  II]     EFFECTS OF CONVERSION

 1)      On Marriage

 2)      On Succession

 I]      CONVERSION TO CHRISTIANITY:-

          The Indian Christian Marriage Act defines a Christian ‘as a person professing Christianity’. Under the same Act, the Indian Christian includes Christian descendants[15] of native Indians who converted to Christianity as new converts.

II]      EFFECTS OF CONVERSION:-

1)       On Marriage:-

          Conversion or apostasy is a ground for divorce and judicial separation under some of the Indian personal laws. However, it is not a ground under the Special Marriage Act, which stipulates inter-religious marriages. Under the Indian Divorce Act, the wife can sue for divorce on the ground that her husband had ‘exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman. But if the wife converts to another religion, the husband has no such right.

          The Converts Marriage Dissolution Act of 1866 lays down that if a person converts to Christianity and his or her spouse, for a period of six continuous months, deserts him or repudiates the marriage, he can bring a petition for restitution of conjugal rights. If the other spouse does not comply with the decree for restitution of conjugal rights for the period of one year, the converted spouse may sue for divorce. But if, after conversion, the non-converted spouse does not refuse to cohabit with the converted spouse, the statute obviously does not provide any relief.

2)       On Succession:-

          After the passing of the Caste Disabilities Removal Act of 1850, the apostate did not lose his right to property and succession even though he renounced Christianity.

*****

[D]     CONVERSION TO PARSIS:-

SYNOPSIS

 I]       CONVERSION TO PARSIS

II]       EFFECTS OF CONVERSION

           1)      On Marriage

                 2)          On Succession

 I]            CONVERSION TO PARSIS:-

           The Parsis came and settled in India due to persecution in their native land, ‘Persia’. They came from ‘The Pers province’ from which the word ‘Parsi’ is derived. Indian Parsis belong to the Zoroastrian faith; in that sense, the words ‘Parsis’ and ‘Zoroastrian’ are synonyms in India. Zoroastrianism is founded on the belief in one God and the basic tenets of good thoughts, words and deeds. Zoroastrianism does not permit conversion. The courts, in their various judgments, have accepted that conversion to Zoroastrianism is against the usage and customs of the Parsis. No doubt, conversion from Zoroastrianism can be made.

II]      EFFECT OF CONVERSION FROM PARSISM:-

1)       On Marriage:-

          Under the Parsi Marriage and Divorce Act (S.32 (j)), the effect of conversion on marital rights is the same as those under Hindu Law.

2)       On Succession:-

           After the passing of the Caste Disabilities Removal Act of 1850, the apostate would not lose his right to property and succession even though he renounced Zoroastrianism.

          Adoption is necessarily a Hindu concept that does not apply to Paris and Christians.

NOTE

   GUARDIANSHIP[16]:-

A) Guardianship under Hindu Law: –

We hardly found any laws/material regarding guardianship in ancient Hindu Law. This is because the Hindu family was treated as a Joint Family. Hence, the manager (karta) of the family was obliged to protect and maintain minors and women after the death of their father or husband. Similarly, in ancient times, minors used to study in the Gurukul (i.e. in teachers’ homes or ashrams), where the Guru (teacher) was their protector. Moreover, the King was presumed to be the supreme guardian of the life and property of all citizens.

The British drafted the modern law of guardianship in India. Due to the incapacity to look after the matters of their interest and to take proper care of their property, the law of guardianship has evolved. The father is treated as a person’s natural guardian and a minor’s property. In the absence of a father, the mother becomes the next natural guardian. In the absence of both of them, the court could appoint guardians amongst those who are nearest to the minor by blood.

According to S. 3 of the Indian Majority Act, 1875, every minor of whose person and property a guardian has been appointed by any court, or the minor for whose property superintendence has been assumed or (shall be assumed) by any court of ward[17] -is deemed to have attained majority at the completion of the twenty-first year. In all other cases, a minor is deemed to have attained majority at the completion of the eighteenth year. Thus, minors having natural guardians are deemed to attain majority at the completion of eighteen years. In the absence of a natural guardian, a minor is deemed to have attained majority after twenty-first years of age.

Definition of Guardianship-

  1. a) A guardian means a person having the care of the person of another or of his property or both[18].
  2. b) S. 4 (b) of the Hindu Minority and Guardianship Act defines ‘Guardianship’ as a person having the care of the person of a minor, or his property or both his person and property and includes-
  3. A natural guardian;
  4. A guardian appointed by the will of the minor’s father or mother;
  • A guardian appointed or declared by a court; and
  1. A person empowered to act as such (guardian) by or under any enactment relating to any court of the ward.

The definition given by the Hindu Minority and Guardianship Act, 1956, is identical to the definition of ‘guardianship’ given under S. 4 of the Guardians and Wards Act.

Kinds of Guardian under Hindu Law-

a)         Natural Guardian:-

          A ‘natural guardian’ is a person caring for the person of a minor, his property, or both by his natural relationship with the minor.

  1. 6 of the Hindu Minority and Guardianship Act provides- that

The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in the joint family property), are-

  1. in the case of a boy or an unmarried girl– the father, and after him, the mother (provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.)
  2. in the case of an illegitimate boy or an illegitimate unmarried girl[19]– the mother and, after her, the father;
  3. in the case of the married girl -the husband;

          Thus, the father is a natural guardian of a minor boy or unmarried girl’s person and property, and after him, the mother becomes the natural guardian. In the case of a married girl, the husband would be the guardian unless he ceases to be a Hindu or has completely and finally renounced the world by becoming hermit (vanprastha) or ascetic (sanyasi[20]). In such a case, a minor daughter would be under the guardianship of the same person who was the guardian before the death of her husband (i.e., father, mother, etc.). However, a stepfather and a stepmother cannot have such a right of guardianship.

Disabilities to a Guardian[21]:-

          The same section i.e. S. 6 of the Hindu Minority and Guardianship Act, 1956, provides the following disabilities to be a natural guardian[22]

b)          Disability arising from apostasy-

The paramount consideration in regard to the guardianship is the welfare of the minor. When the parent having guardianship changes his or her religion, it is a factor to be taken into account when considering the fitness of a parent to continue as a guardian6. S. 6 of the Hindu Minority and Guardianship Act specifically states that no person shall be entitled to act as the minor’s natural guardian- if the guardian has ceased to be a Hindu. The court has the power to remove any guardian from the guardianship of the minor.

          In Vijaya Laxmi V/s Inspector of Police10

           Madras High Court Held –

that where father is converted to Islam and married to

                                                         Muslim girl, he ceases to be a natural guardian.

b)        Renunciation of World[23]

          The person who has completely and finally renounced the world by becoming a hermit (vanprastha) or an ascetic (sanyasi) ceases his right to continue as the natural guardianship of his minor child or wife.

c)        Step-Father or Step-Mother[24]

          Step-father or step-mother does not become the natural guardian of their step-child.

  • Testamentary Guardian[25]

  The testamentary guardian of the minor is that guardian who is appointed by the will of the natural guardian (entitled to act as a guardian of the minor). S. 9 of the Hindu Minority and Guardianship Act makes provision for the testamentary guardian. It provides that a Hindu (father/mother/husband) entitled to act as the Natural guardian of his minor legitimate children may, by will, appoint a guardian for any of them in respect of the minor’s person or respect of the minor’s property.

 Removal of Testamentary Guardianship:-

  1. 39 of the Guardianship and Wards Act provides that on the following grounds, the testamentary guardian may be removed by court viz.-

 1)  Abuse of his trust[26].

2)  Continuous failure to perform the duties[27].

  • Incapacity to perform duty[28].
  • Ill-treatment or neglect to take proper care of minors[29].
  • Renounced the world.
  • Guardianship Declared or Appointed by the Court:-

Where the court is satisfied that it is for the welfare of a minor to appoint a guardianship of his person or property or both, the court may make an order to appoint a guardian under the Guardianship and Wards Act 1890.

In appointing and declaring a person as the guardian, the welfare of the minor shall be the paramount consideration[30].

Removal of Guardian:-

          Guardians appointed by the Court may also be removed on the abovementioned grounds.

  • De-facto Guardian:-

     A de-facto guardian is a person who takes care of the person and property of a minor but is neither a natural guardian, testamentary guardian, nor a guardian appointed by the court. Thus, a de facto guardian is a self-appointed guardian. He is a person who takes a continuous interest in the welfare of a minor’s person or in the administration of a minor’s property without any authority of law.

  1. 11 of the Hindu Minority and Guardianship Act limits the power of a de facto guardian. Any alienation[31] made by such a De-facto guardian would be void-ab-initio, and the alinee would acquire no property title. He has no power to acknowledge debt.[32] on behalf of the minor. He can not gift a minor’s property.
  2. B) Guardianship under Muslim Law: – (Refer above topic)

 2)      ADOPTION.

Introduction:-

Adoption is not recognised under the Mohammedan Law nor the Parsi Law. It is only recognised in Hindu law. Having a son is very important for Hindus. The Veda declares that ‘endless are the words of those who have sons; there is no place for the man who is destitute of male offspring.

          According to Hindus, ‘son saves his father from hell’; therefore, every Hindu should have a son. This is the importance attached to Hindu scriptures[33] to the son. Therefore, Hindus recognise two types of sons for the continuance of the family and for the performance of funeral rites and offerings. They are (1) a natural-born son and (2) an Adopted son.

          The Hindu not having a natural-born son may adopt a son for the sake of a funeral cake, water and solemn rites and for the celebrity of his name.

Definitions:-

          Adoption is the transplantation of a son from the family where he is given by the natural parents as a way of gift.

          He acquires rights, duties and status as a born son in that family, and his ties with the old family come to an end.

          The foundation of the doctrine of adoption is the duty that every Hindu owes to his ancestors for the continuance of the line and solemnisation of the necessary rites. This spiritual reason is the essence of adoption, and the consequent devolution of property is a mere accessory.

          However, the above-mentioned religious view has been superseded by passing the Hindu Adoptions and Maintenance Act. 1956. This Act has materially modified the law of adoption, making the law more secular than religious.

This Act brought the following changes in the customary law of adoption-

  1. i) Not only males but females may also be adopted.
  2. ii) A virgin, divorcee, or widow is entitled to adopt, and the wife can also

                      adopt in certain circumstances.

            iii) The husband can adopt only with the consent of his wife or wife.

  1. iv) Both father and mother’s consent is necessary to give a son up for adoption.
  2. v) The adoptee must be unmarried and below 15 years of age.
  3. vi) The ceremony of Dutta Homam is not essential. Etc.

Requirements for Valid Adoption: –

  1. 6 of the Act enumerates the following requirements of valid adoption, viz.:-
  2. the person adopting has the capacity and also the right to take in adoption;
  3. the person giving in adoption has the capacity to do so;
  • the person adopted is capable of being taken into adoption;
  1. the adoption is made in compliance with the other conditions mentioned in S. 11. Those conditions are the actual giving and taking of a child, Datta Homam (not necessary under present law).

Who may Adopt[34]: –

          The capacity of males to take in adoption (S. 7 of Adoption and Maintenance Act.)

          Any male Hindu who is of sound mind and is not minor has the capacity to take a son or daughter in adoption. Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

Capacity of Females to take in Adoption: –

  1. 8 of the Hindu Adoption and Maintenance Act provides that any female Hindu-
  2. a) who is of sound mind,
  3. b) who is not a minor,
  4. c) who is not married, or
  5. d) if married-
  6. i) whose marriage has been dissolved, or
  7. ii) whose husband is dead, or

                                     iii)    has completely and finally renounced the world or

  1. iv)    has ceased to be Hindu, or
  2. v) has been declared by a court of competent

                                             jurisdiction to be of unsound mind,

                                             -has the capacity to take a son or daughter in adoption.

*****

[1]  धर्मांतर व त्याचे कुटुंबावरील परिणाम [धर्मांतरण और परिवार पर इसका प्रभाव]

[2] जात, वंष, धर्म [जाति, पंथ, धर्म]

[3] व्दिभार्या [द्विविवाह का प्रथा]

[4] सुसंगत [अनुकूल]

[5] मृत्युपत्र

[6] धर्मांतराचे परिणाम

[7] सोडणे [त्याग]

[8] उत्तरजीविता

[9] वारसाहक्क [उत्तराधिकार]

[10] वैवाहिक हक्क [वैवाहिक अधिकार]

[11] पालकत्व हक्क [पालकत्व]

[12] दत्तक [दत्तक ग्रहण]

[13] धर्मांतर सोहळा [परिवर्तन]

[14]  खरे, प्रामाणिक किंवा योग्य [प्रामाणिक]

[15] वंषज [वंशज]

[16] पालकत्व [संरक्षकता]

[17] पाल्य [बालक]

[18] दुस-या व्यक्तीचा किंवा तिच्या मालमत्तेचा ताबा ज्या व्यक्तीकडे असते ती व्यक्ती म्हणजे पालक [एक “अभिभावक/ रखवाला” का अर्थ है एक व्यक्ति जो दूसरे के व्यक्ति या उसकी संपत्ति या दोनों की देखभाल करता है]

[19] अनौरस मुलगा किंवा अनौरस अविवाहित मुलगी [अवैध अविवाहित लड़की]

[20] साधू किंवा संन्याषी [तपस्वी]

[21] नैसर्गिक पालक – अपात्रता

[22] [एक प्राकृतिक अभिभावक होने के लिए विकलांगता]

[23] जगाचा परित्याग करणे [संसार का त्याग]

[24] सावत्र आई-वडिल [सौतेला पिता या सौतेली माँ]

[25] मृत्युपत्राव्दारे पालकत्व [वसीयती संरक्षक]

[26] विश्वासघात [भरोसे का दुरुपयोग]

[27] कर्तव्यात कसूर [कर्तव्यों का पालन करने में लगातार विफलता]

[28] कर्तव्य बजावण्यात असमर्थता [कर्तव्य निभाने में असमर्थता]

[29] दुर्लक्ष किंवा वाईट वागणूक

[30] सर्वोच्च प्राधान्य [सर्वोपरि ध्यान देणा]

[31] हस्तांतरण

[32] कर्ज

[33] धर्मग्रंथ

[34] कोण दत्तक घेऊ शकतो? [कौन गोद ले सकता है?]

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