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A Hindu woman is an adult of sound mind and wishes to adopt a child under the Hindu Adoptions and…

An adult Hindu woman of sound mind has capacity to adopt. If her husband is living, Section 8 ordinarily requires his consent. The exceptions are his complete and final…

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A Hindu woman is an adult of sound mind and wishes to adopt a child under the Hindu Adoptions and Maintenance Act, 1956. Her husband is living. What does Section 8 require in relation to him?

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Answer and explanation

Correct answer D

An adult Hindu woman of sound mind has capacity to adopt. If her husband is living, Section 8 ordinarily requires his consent. The exceptions are his complete and final renunciation of the world, cessation of Hindu status, or a declaration of unsound mind by a competent court.

Option feedback

Option A

Independent income is not a statutory exception to the consent requirement.

Option B

Section 8 addresses consent and the exceptions to consent.

Option C

Cessation of Hindu status is an express exception.

Option D

This states the proviso’s ordinary consent rule and its qualification.

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