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A father is otherwise entitled to give his child in adoption under the Hindu Adoptions and Maintenance…

Section 9(2) gives a living father and mother equal rights to give the child in adoption, subject to section 9(4). The proviso dispenses with the other parent's consent on…

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A father is otherwise entitled to give his child in adoption under the Hindu Adoptions and Maintenance Act, 1956. In which circumstances can he proceed without the living mother's consent?
I. She has completely and finally renounced the world.
II. She has ceased to be a Hindu.
III. A competent court has declared her to be of unsound mind.

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Answer and explanation

Correct answer D

Section 9(2) gives a living father and mother equal rights to give the child in adoption, subject to section 9(4).

The proviso dispenses with the other parent's consent on complete and final renunciation, cessation of Hindu status or a competent court's declaration of unsoundness of mind.

Option feedback

Option A

Cessation of Hindu status and judicially declared unsoundness also qualify.

Option B

A competent court's declaration of unsoundness of mind also qualifies.

Option C

Complete and final renunciation also qualifies.

Option D

Each of the three circumstances is an independent exception to the consent rule.

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