Evolution Of Testamentary Guardianship As A Concept Of Hindu Law

Identify and investigate these contemporary issues relating to family law and evaluate the effectiveness of legal and non-legal responses to these issues

     The purpose of this paper was to give some insight into the vicious battles that take place over child custody. It is important to mention that raising children is difficult even with two parents, now when there is only one parent the difficultly increases by leaps and bounds. The idea of joint custody seems to sound like a good solution however, Smith (2003) stated

Joint Legal Custody is the most common and is described as that both parents have the rights to make major decisions for the child. This is includes education, religion, and health care. This is also called Co-parenting. The set back to this arrangement is that both parents will not be able to agree on certain decisions that need to be

The ability for unmarried parents to share the responsibility of caring for the child by agreement with the other parent (predominantly the father getting agreement from the mother), though joint registration at birth and a court order;

(c) If the child is actually residing with a grandparent in a stable relationship, whether the court has awarded custody or visitation to the grandparent or not,

There are actions taken within the courts and there is a sense of understanding that all decisions made regarding couples separating are to be done with the child as the focus- something which satisfies CROC. Unfortunately, as seen from above, the actual nature of protection of children in such situations is questionable ground and instead provides a more adequate than an exemplary form of

(4) Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of –

When the judge makes a choice a approperate law is put in place to stop the situation/case from being an issue. In Loco Parents In loco parentis means in the place of a parent, this is what the responsiable parents would give to another reliable adult that will be looking after their child when they’re under the age of 18, for example, intructor/teacher, childcare workers ect... Duty of Care/Higher Duty of Care Employee’s and employers have a responsiablity of care to other employee’s, general public and anyone else within the premises such as students are out of risk of danger, they also have duty of care over objects and equiptment within the premisies.

However, if the parents left a writing assigning someone to be the minor’s guardian, then the court will appoint

In Hinduism, law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and late by Jain's and Buddhists. Bar Council of India, History of Hindu Law in India

In the initial determination of parental rights the conceptual basis for removing a child from the custody of his/her parents is widely discretionary and the evaluation process involves the imposition of cultural and familial values which are often opposed to values held by the Indian family. Second, assuming that there is a real need to remove the child from its natural parents, children are all too frequently placed in non-Indian homes, thereby depriving the child of his or her tribal and cultural

guardian) to maintain continuously for the child the amount and quality of care that is

guardians can reach their children, their kids friends, or just a young person in their community and

     This patriarchal role of males in the Indian family allows for all the power to be placed on the father of the household. This power can be abused which I would assume happens with the children in these families. The oldest male child has the authority to boss around his other siblings, and in the death of his father he then becomes the leader of the household. This could lead to many harsh or unfair ruling by older siblings or by other members of society. This would lead for the younger sibling to have to adjust greatly as they grow into adulthood. These rules that govern Indian household are often strict and are always final. This is accepted by all.

Shah Bano approached the courts for maintenance from her husband, as she had no means of economically providing for herself or her children. Seven years had lapsed by the time the case reached the Supreme Court, where Section 125 of the Criminal Procedure Code was invoked, and she was to be given the maintenance due to her. It is to be noted here that Section 125 (Order for maintenance of wives, children and parents) applies to everyone, irrespective of caste, creed, or religion . This judgement wasn’t the first time that a divorced Muslim woman had been given maintenance under the provision.