Response

A judge cannot prescribe a religion for a child- the child’s parents must do that. However, in cases where parents disagree on religion, often the custodial parent’s (parent with primary physical custody) wishes regarding religion will control.

According to Hindu Law a person will be Hindu by birth if one of his parents at the time of his birth was a Hindu and brought up as a Hindu . In case of Muslim law, according to the Shariat, if one parent is Muslim, the Child will be Muslim. Therefore, we can see that under Hindu Law, if one of the parents is a Hindu and the other is Muslim, and if the child is brought up as a Hindu, the child will be Hindu . The rule of Muslim Law, it is submitted, will be subject to this rule of Hindu Law . Generally, in the cases of divorce between parents this question arises, but when the child is minor it depends on the welfare of the children.

According to me, it is a matter of mutual consent of the parents to decide the religion of child if they bothe belong to different religions. A adult can change his religion in India whenever he want but incase of minor and it takes the religion of its birth, but since both parents belongs to different religion, they can choose which religion they want their child to profess.

Reference: Special Marriage Act 1954

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LAWAYZ-2023-620