A Hindu woman of full age and sound mind wishes to adopt. Her husband is alive and remains a Hindu. In…
Section 8 requires consent from a living husband unless he has completely and finally renounced the world, ceased to be a Hindu, or been declared of unsound mind by a court…
Choose your answer
A Hindu woman of full age and sound mind wishes to adopt. Her husband is alive and remains a Hindu. In which circumstance can she adopt without his consent under Section 8 of the Hindu Adoptions and Maintenance Act, 1956, assuming the other conditions are satisfied?
Answer and explanation
Correct answer D
Section 8 requires consent from a living husband unless he has completely and finally renounced the world, ceased to be a Hindu, or been declared of unsound mind by a court of competent jurisdiction. The Personal Laws (Amendment) Act, 2010 substituted this provision.
Option feedback
Option A
Incorrect. The exception requires complete and final renunciation of the world.
Option B
Incorrect. Living separately does not dispense with the statutory consent requirement.
Option C
Incorrect. The Act requires a declaration by a court of competent jurisdiction.
Option D
Correct. The court's declaration brings the case within an express exception.
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