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drparasjain (practice)     09 November 2010

Religion of cjhild

The Court believes  in equity .Therefore I don't agree that the boy will be treated as christian . court will take his opinion.



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 6 Replies

R.Ramachandran (Advocate)     09 November 2010

Dear Mr. Jain, it is a pity, instead of answering in the thread, you have opened a separate thread.

I do not know on what basis you say that the Court will ascertain the views of the child.  It is not like ascertaining the view of the child as to with whom he wants to go with mother or father - as in the case of child custody matter in matrimonial disputes cases.  It is the question of deciding the religion.  How a child will be able to decide or how the Court can rely on the views of the child in this matter?  The child is completely incompetent to decide such matters.

adv. rajeev ( rajoo ) (practicing advocate)     10 November 2010

Court cannot take it's opiinion.  If mother is chirstan and child goes with her mother will definately say child is chiristan.  If it goes with father he said it is hindu or wihich cost it belongs.

Cast of the children will be treated on the basis of with whom it lives.

N.K.Assumi (Advocate)     10 November 2010

Agreed with adv.rajeev.

hedevil hydraheaded (non professional )     10 November 2010

 

In fact the child is not incompetent in deciding, at certain age the child starts thinking independently and may form certain views on religion and having or not having the tag of religion, especially when the parents themselves are not practicing their respective religions.  It's the law which makes him/her competent or incompetent. The law gives freedom to the child when he /she ceases to become a child in India at the age of 18 years.  

I have understood to which thread Mr. Jain has replied, he must be new to this forum and hence would have gotten confused about the treads! So let us understand him in the context within which he has replied.

Here is the concerned thread: 

https://www.lawyersclubindia.com/forum/what-will-be-religion-of-children--26838.asp

R.Ramachandran (Advocate)     10 November 2010

Dear Hedevil,

It is a legal forum.  When we say the child is incompetent to decide, we say that he is legally incompetent.  This is precisely what you also say when you mention that law gives freedom to the child  when a child ceases to become a child.

hedevil hydraheaded (non professional )     10 November 2010

Point well taken Mr. Rmachandran. 

Thanks...


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