STATEMENT OF PROBLEM
The Hindu Minority and Guardianship Act, 1956 primarily deals with the issue of guardianship to a minor child. The expression ‘minor’ includes a person who has not completed the age of eighteen years. The Act is applicable only to the persons who are Hindu by religion. Section 6 of the act provides that the father shall be the guardian of minor child and after him mother shall be the guardian. Even under Muslim Law, father has preferred right over child. The proviso thus, discriminates between the father and mother.
REVIEW OF LITERATURE
Accoding to Paras Diwan (2010) This new edition of 'Law of Adoption, Minority, Guardianship and Custody analyses wide spectrum of the Indian personall law of adoption and guardianship
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Family law deals with what are highly emotional issues objectively and legally. Despite the strength of emotion involved in many family law cases, justice must still be served to each party. Family laws guide you in all sense and they make life much simpler. The importance of family law is great as it helps in maintaining the sanctity of relationship and keeps the bondage tight and unfailing.
Guardianship is a concept or relationship arising from the natural incapacities of infants and persons of unsound mind and sometimes other category of persons to manage their own affairs . A guardian is a person who has the authority and the corresponding duty to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Most countries and states have laws that provide that the parents of a minor child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of
Reviews the amendments of the 1868 Indian Act, highlighting the conflicts of superiority of rights to Indian men over women. Discusses the avoidance of violence and discrimination against women within communities and the need for an equal relationship between genders
Identify and investigate these contemporary issues relating to family law and evaluate the effectiveness of legal and non-legal responses to these issues
The Family Court ensures that each case and judgement concerning marriage/relationship breakdowns involving children is treated equally with emphasis on the child and its best interests. At times mutual agreement on the shared parental responsibility (the underlying principle of the law
Family systems theory is useful when working with families who are impacted by an ASD diagnosis. The family systems theory focuses on the shift of an individual perspective to a family systems perspective. Family is the most important support system for a child. Family is looked at as a unit, therefore by using the family systems theory the professionals are able to identify the family’s influences on the individual. The family system impacts a child’s development as family members affect the thoughts, feelings, and behaviors of one another (Paylo, 2011).
Feldman, R. S. (2014). Development across the life span (7th ed.). Upper Saddle River, NJ:
The aim of Australia’s family law while responding the ever changing values of society, is to achieve justice in any activity it undertakes. The success of this is valued and determined by whether any significant action has been taken as a result, and what the effects of such actions are on improving the situations of all parties involved. The effectiveness of family law on changing values cannot be determined when regarded as a whole. However, when broken down into certain values, such as in the topic of best interest of the child during separation and the issue of surrogacy, it can be seen that Australia’s family laws are not effective in levelling with the community’s changing values.
Society’s opinions are constantly, and rapidly changing, and consequently this poses significant challenges to the family law system in Australia. A family is a social unit containing individuals related by blood, marriage or other legally recognised relationships. Family law reforms have been implemented over the past three decades, entailing the recognition of same sex couples. Furthermore, a statutory presumption of shared parenting – as instigated by society’s transitioning values – displays the changing nature of parental responsibility. Not only are society’s views progressing, but surrogacy and birth technologies are
Family law is the most complex aspect of the Australian legal system as it is constantly under review and reform pursuing to adopt society’s continual change in values and principles. The changing of laws in an attempt to be parallel with society is a strenuous process. Nevertheless, legislations are reflective of contemporary society’s values and ethics. Numerous legal issues arise in regards to family including, same sex relationships, domestic violence and divorce ideally on the best interest of the child, where family laws have been imposed to protect individuals and aim to achieve justice.
Roles and responsibilities of the different organisations that may be involved when a child or young person has been abused or harmed: Children’s Social Care (act when concerns raised about a child, carry out assessment of child’s needs, interview child or young person and family, gather information from other agencies, lead Child Protection Conference, take action if child or young person in immediate danger);police (make decision about whether crime has been committed, take emergency action if child or young person is in immediate danger);health professionals, general practitioners, doctors in emergency departments (examine/observe a child or young person thought to be at risk of abuse or who has suffered abuse); health visitors; The
Family laws are laws related to family life. Family law 129 states, “If a married lady is caught adultery with another man, they shall bind them and cast them into the water,” (document c). Family law 195 claims that “If a son has struck his father, his hands shall be cut off,” (document c). Some might claim that these laws are just but actually, they are unjust because they are too harsh. For example law 129 is unfair because what if the man is single and it’s not his fault that the girl is caught adultery with him, and then the man has to die along with the women for something that was the women’s fault. Law 195 is unjust because what if the father did something really bad to his son, and that’s why the son struck his father, it would be unfair to cut off the son’s hands.
Divorce is hard on everyone, but no one is as devastated as the children. For this reason, the family law and child custody attorneys at Woods, May & Matlock work diligently to help families resolve their issues without going through a litigious process. Court is stressful, expensive and time-consuming. Our team of family law and child custody attorneys look for ways to help families reach a compromise without an ugly courtroom battle. For anyone looking for a family law attorney or child custody attorney in Frisco, TX who truly puts the health and well being of the family first, Woods, May & Matlock is the team to call.
This joint family, like any social organization, must face problems such as acceptable division of work, relationships and specific family roles. These familial relationships are managed on the basis of a secular hierarchical principle. In fact, all Indians owe respect and obedience to the head of the family, who usually is the father or the oldest man of the family community. In The Gift of a Bride: A Tale of Anthropology, Matrimony and Murder by Nanda and Gregg, it is explained that, “females [are] placed under the perpetual guardianship of first their fathers and elder brothers, then their husbands.” (Nanda & Gregg 22) Thus, all the spending decisions, studies and profession, or marriage, are exclusively the responsibility of the father after the possible discussions with the other men of the family. Age and sex are the basic principles of this hierarchical system. The eldest sons enjoy greater unchallenged authority than their cadets. Of course men have more authority than women, but older married women have an important role within the family. In fact, the authority of a woman depends on the rank of her husband inside the group. Traditionally, the wife of the patriarch rules over domestic affairs and has considerable power over the other women in the community, especially her daughters- in-law.
Murray Bowen's family system theory was one of the first comprehensive theories of family system functioning. It was developed in 1974 and it believed the family can be defined as a set of interacting individuals who are related by blood, marriage, cohabitation, or adoption and who interdependently perform relevant functions through roles. Relevant functions of the family include values and practices placed on health system theory is used to explain patterns of living among the individuals who make up the family systems (Edelmen, 2006).
To conclude, Western societies have a societal structure in which the individual who is at the top of the organisation receive greater respect from those who are below him. Similarly, in a westernised society, the parents would be the one at the top of the structure and the children would be below them. Hence, this notion creates a conflict between the children’s individual autonomy and the social structure as the children’s freedom of speech and action are being ‘violated’ and not paid respect to when the parent is constantly the decision maker. In contrast, Lee illustrates that in order to resolve this conflict, many Aboriginal, Sikh and Burma societies approach child-rearing in a different manner. In those societies, individual autonomy is shaped by the cultural framework, the individual integrity of the child as well as the parent is respected by one another and the idea of self-governance provides freedom to everyone. Finally, in an attempt to reconcile this conflict, child-rearing in the societies explored by Lee,
guardians can reach their children, their kids friends, or just a young person in their community and