A Hindu woman of sound mind and full age seeks to adopt under the Hindu Adoptions and Maintenance Act,…
Section 8 gives an adult Hindu woman of sound mind capacity to adopt. If she has a living husband, the proviso requires his consent. The exceptions are complete and final…
Choose your answer
A Hindu woman of sound mind and full age seeks to adopt under the Hindu Adoptions and Maintenance Act, 1956. Her husband is living and has not consented. He remains Hindu, has not renounced the world and has not been declared of unsound mind by a competent court. Assuming all other requirements are met, what does section 8 require?
Answer and explanation
Correct answer A
Section 8 gives an adult Hindu woman of sound mind capacity to adopt. If she has a living husband, the proviso requires his consent.
The exceptions are complete and final renunciation of the world, cessation of Hindu status, or a competent court’s declaration of unsoundness. None applies here.
Option feedback
Option A
The proviso requires the living husband’s consent on these facts.
Option B
The child’s guardian cannot supply the consent required of the husband.
Option C
Section 8 provides no general power for a court to replace the husband’s consent.
Option D
Her statutory capacity does not remove the consent requirement on these facts.
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