UPSC Prelims Practice Questions — HC appoints Hindu couple as Muslim child’s legal guardian

Q1. The Guardians and Wards Act, 1890 — invoked in the recent Madurai Bench inter-religious guardianship case — is organised into how many chapters?

  • A. Three
  • B. Four
  • C. Five
  • D. Six

Q2. Under which section of the Guardians and Wards Act, 1890 is a court directed to have regard to the age, sex and religion of the minor while being guided by the minor's welfare in appointing a guardian?

  • A. Section 7
  • B. Section 17
  • C. Section 25
  • D. Section 41

Q3. In the 2026 Madurai Bench case appointing a Hindu couple as legal guardian of a Muslim girl, how many children did the biological mother have?

  • A. Two
  • B. Three
  • C. Four
  • D. Five

Q4. The Madurai Bench described the Guardians and Wards Act, 1890 as a 'religion-neutral' legislation. In the context of the ruling, this characterisation means which one of the following?

  • A. The Act applies to any person seeking appointment as guardian irrespective of the religion of the minor or the proposed guardian
  • B. The Act invariably requires a guardian to profess the same religion as the minor
  • C. The Act completely excludes any consideration of the minor's religion
  • D. The Act applies only where the minor and guardian belong to different religions

Q5. According to the settled position of the Supreme Court in guardianship and custody disputes, which one of the following is the first and paramount consideration?

  • A. The statutory right of the natural father
  • B. The welfare (best interest) of the child
  • C. The religion of the minor
  • D. The wishes of the minor's near relatives

Q6. With regard to how the welfare (best-interest) principle compares with a strict statutory/parental-rights approach in Indian guardianship law, consider the following statements: 1. The Supreme Court has held that the welfare of the child is paramount and the statutory rights of parents are subordinate to it. 2. A father's statutory right to guardianship may be refused where his custody would not promote the welfare of the child. 3. The Guardians and Wards Act, 1890 itself supplies an exhaustive statutory list that conclusively determines the best interest of the child. Which of the statements given above is/are correct?

  1. The Supreme Court has held that the welfare of the child is paramount and the statutory rights of parents are subordinate to it.
  2. A father's statutory right to guardianship may be refused where his custody would not promote the welfare of the child.
  3. The Guardians and Wards Act, 1890 itself supplies an exhaustive statutory list that conclusively determines the best interest of the child.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 1 and 3 only
  • D. 1, 2 and 3

Q7. Under the Hindu Minority and Guardianship Act, 1956, custody of a Hindu minor who has not completed how many years of age shall ordinarily be with the mother?

  • A. Three years
  • B. Five years
  • C. Seven years
  • D. Twelve years

Q8. With reference to the relationship between the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890, consider the following statements: 1. The 1956 Act applies only to Hindus, whereas the 1890 Act applies across communities. 2. The 1956 Act is 'in addition to, and not in derogation of' the 1890 Act. 3. Under the 1956 Act, the father is the natural guardian of a legitimate Hindu minor boy and unmarried girl. 4. The Guardians and Wards Act, 1890 was enacted after, and to supplement, the Hindu Minority and Guardianship Act, 1956. Which of the statements given above is/are NOT correct?

  1. The 1956 Act applies only to Hindus, whereas the 1890 Act applies across communities.
  2. The 1956 Act is 'in addition to, and not in derogation of' the 1890 Act.
  3. Under the 1956 Act, the father is the natural guardian of a legitimate Hindu minor boy and unmarried girl.
  4. The Guardians and Wards Act, 1890 was enacted after, and to supplement, the Hindu Minority and Guardianship Act, 1956.
  • A. 1 and 3
  • B. 4 only
  • C. 2 and 4
  • D. 3 only

Q9. Kafala under Islamic law is expressly recognised as a form of alternative care for children deprived of a family environment under which of the following?

  • A. Article 21 of the UN Convention on the Rights of the Child
  • B. Article 20 of the UN Convention on the Rights of the Child
  • C. The Hague Convention on International Child Abduction, 1980
  • D. Article 3 of the UN Convention on the Rights of the Child

Q10. With reference to the features of Kafala under Islamic law, consider the following statements: 1. It does not sever the legal ties between the child and the biological parents. 2. The child does not thereby acquire inheritance rights in the guardian's estate. 3. The child does not take on the guardian's family name. 4. It permanently alters the child's lineage and confers full filiation, exactly as adoption does. Which of the statements given above is/are NOT correct?

  1. It does not sever the legal ties between the child and the biological parents.
  2. The child does not thereby acquire inheritance rights in the guardian's estate.
  3. The child does not take on the guardian's family name.
  4. It permanently alters the child's lineage and confers full filiation, exactly as adoption does.
  • A. 1 and 2
  • B. 3 only
  • C. 4 only
  • D. 2 and 4

Q11. Under Muslim personal law, formal adoption in the sense of full filiation is not recognised primarily because it is regarded as doing which one of the following?

  • A. Altering the child's lineage (nasab) and inheritance entitlements
  • B. Invariably requiring the prior sanction of a civil court
  • C. Permanently vesting the child's property in the State
  • D. Automatically dissolving the guardian's own marriage

Q12. With reference to judicial precedents bearing on inter-faith adoption and guardianship in India, consider the following statements: 1. In Shabnam Hashmi v. Union of India (2014), the Supreme Court held that Muslims may adopt under the Juvenile Justice Act notwithstanding personal law. 2. In Shabnam Hashmi v. Union of India (2014), the Supreme Court declared the right to adopt to be a fundamental right under Part III of the Constitution. 3. The Juvenile Justice Act provides a secular route to adoption available irrespective of a person's personal law. 4. The Guardians and Wards Act, 1890 permits appointment of a guardian irrespective of the guardian's religion. Which of the statements given above is/are NOT correct?

  1. In Shabnam Hashmi v. Union of India (2014), the Supreme Court held that Muslims may adopt under the Juvenile Justice Act notwithstanding personal law.
  2. In Shabnam Hashmi v. Union of India (2014), the Supreme Court declared the right to adopt to be a fundamental right under Part III of the Constitution.
  3. The Juvenile Justice Act provides a secular route to adoption available irrespective of a person's personal law.
  4. The Guardians and Wards Act, 1890 permits appointment of a guardian irrespective of the guardian's religion.
  • A. 2 only
  • B. 1 and 3
  • C. 2 and 4
  • D. 4 only