Live Law
2026-04-29 09:43:39
Jaising: to answer the question on incremental change? I challenged S. 6 of Hindu Guardian and Adoption Act. they didn't decide but interpreted 'in his absence' to say that it doesn't mean the father dies.
in sharaya bano- Justice Nariman, who himself is an ordained priest- he said it can't be done. the difference between hindu and muslim law is that when there is a doubt, it can be resolved by opinio juris
J Nagarathna: it was 3-2 in that and parliament took a cue and make a law
Jaising: we opposed it, it is already under challenge. it allowed a third party to challenge and we questioned it
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