India is a secular nation where many different religions are practised openly. The three main religions practised there are Christianity, Islam, and Hinduism. Marriages are solemnised in line with religious ceremonies and traditions, most of which are enshrined in statutory personal laws. Hence, the personal laws of the spouses according to their religion, which are generally codified by statute, control matrimonial laws in India, including rules on marriage, divorce, and other related matters. The wellbeing of children born outside of marriage is protected by provisions in personal laws governing marriage. The Guardian and Wards Act 1890 is a broad statute that governs all communities.
The Guardian and Wards Act of 1890 is a comprehensive law that spells out the responsibilities and rights of guardians and wards. All minor children, regardless of caste or creed, are covered. The court will, however, take into account the minor's personal law while approving and appointing someone as the guardian. The Guardian and Wards Act of 1890 strives to safeguard the person and property of the minor child.
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