Custodial Rights of Child’s Only Living Parent Are Challenged Based on The Parent’s … Religious Conversion

Indian Mother and Father of Hindu faith have Child together.

Mother dies.

Father takes up with another Woman, and converts to Islam.

Mother’s brother, Uncle, files for guardianship of Child based on Father’s abandonment of Hinduism and Uncle’s fear that Child will be kidnapped.

An Indian statute provides that no Hindu may continue as natural guardian (parent) of a child if that Hindu renounces Hinduism.

India’s highest appellate court is expected to interpret this statute and rule on it soon.

On a temporary basis, the Indian court has entered an order

  1. restraining Father from transferring certain specified assets jointly owned by Mother and Father due to Child’s rights of inheritance and

  2. awarding temporary custody of Child to … Uncle.

Read more in this Hindustan Times article: HC to decide if renouncing Hinduism means losing child’s custody.