anand law classes

  Guardian Whenever it is necessary that a guardian may take charge of the child. The term 'guardian' is defined in the 'Guardians and Wards Act, 1890' as "a person having the care of the person of a minor, or his property, or of both his person and his property" [Sec. 4(2)]. According to Section 4(3) of the same Act, 'ward' means a minor for whose person or property or both, there is a guardian. These definitions have nothing to do with the personal law of Mohammedans. However, it is too well settled that the provisions of the Guardians and Wards Act apply equally to Hindus and Mohammedan. In fact the term 'guardian' used in this Act would mean against all whether testamentary, certified, natural or defacto and is not confined to statutory guardian alone. Where provisions of Islamic law are in conflict with the Guardians and Wards Act, 1890, the provisions of later would prevail. The term 'guardianship' connotes the guardianship of

Q. 8. What is meant by acknowledgment of paternity? State the conditions of valid acknowledgment and distinguish it from adoption in Hindu Law.   Meaning of Acknowledgement of Paternity   The term Iqrar (acknowledgement) literally means to confirm or establish and acceptance of a fact or facts. In law it is defined to be giving information for the establishment of a right in favour of another person against oneself.   Acknowledgement in law is the declaration of an existing right which another has against him (the acknowledger). The right declared is confined to one against the acknowledge, because if it is in his favour, it would amount to claim and not to an acknowledgement.   If there is no direct proof of legitimacy of paternity through marriage, indirect proof may suffice and one of the ways of indirect proof is by acknowledgement of legitimacy by father (not by mother) in favour of a child. In other words, the doctrine of acknowledgement of paternity applies only to cases of un

  Hindu Minority and Guardianship Act, 1956  Guardian  Guardians may be divided into three classes, namely, i) natural guardians ii) testamentary guardians, and  iii) guardians appointed under the guardians and wards Act, 1890 and the present Bill is supplemented to the guardians and wards Act, 1890, and deals with natural guardians and testamentary guardians incidentally abolishing de facto guardians.   Q. 14 (a). What do you understand by the term "Natural Guardian" under the Hindu Minority and Guardianship Act, 1956? What are his powers? Or Who are the natural guardians under the Hindu Minority and Guardianship Act? Discuss their powers also? Or What do you understand by 'natural guardians' under the Hindu Minority and Guardianship Act, 1956? Examine their powers as contained in this Act.   Ans. Who are natural guardians .- A natural guardian is one who becomes so by reason of his natural relationship with the minor. In other words a natur

  Q. 13. Discuss the basis of maintenance under Hindu Law. Also mention when a widowed daughter-in-law can claim maintenance from her father-in-law. Or Discuss the right of widowed daugher-in-law to claim maintenance from her father-in-law. Or Under what conditions a widowed daughter-in-law is entitled to obtain maintenance from her father-in-law .   Ans. Hindu Law has recognized it to be obligation of joint family to maintain the wives and widows of coparceners. A widowed daughter-in-law can claim maintenance against the karta so long as the daughter-in-law has a right to claim maintenance against the coparcenary property in the hands of the father-in-law. However, father-in-law has no personal obligation to maintain daughter in law. If we look closely Section 19 & Section 21, 22 then there is no material difference between the two. Liability of Maintenance under Hindu Law. The liability of Hindu to maintain others falls under two classes   (1) Personal liabi