Legal Question in Family Law in India
Child Religion when mother is sikh and father is mona (non sikh) punjabi
In a divorce / custody case a couple have 2 children and father is Mona (clean sikh) and mother is sikh and both kids right now are with mother and both kids (sons) are taught to grow long hair as per Sikh traditions / secterian / religious beliefs.
The question is in such disputed cases and also at the end of custody which sect / religion the children should be following? I am not very clear on Sikh couples custody cases hence asked and are there any precedents from SC on this?
Regards,
3 Answers from Attorneys
Re: Child Religion when mother is sikh and father is mona (non sikh) punjabi
Once they become major they may choose to profess any religion of their choice. In case of minor children generally they follow religion of their father but where the couple is divorced/separated they may follow their mother or father.
Re: Child Religion when mother is sikh and father is mona (non sikh) punjabi
Already replied.
Re: Child Religion when mother is sikh and father is mona (non sikh) punjabi
The definition of "Hindu" is inclusive which also includes Jains, Budhs and Sikhs.
The custody case may thus be governed by Hindu Law. The children may, after attaining the age of 18, take their own decision about their future course of action. They may, if they so decide, choose to cut their hair or keep long hair as per Sikh tradition. The minors may follow the sect of either parent who is in legal custody/guardianship.
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