A married Hindu male can adopt: (I) Only with his wife’s consent. (II) Only with his wife’s consent,…
Section 7 ordinarily requires the living wife’s consent even if she is living separately; a void marriage supplies no legal wife, whereas a voidable marriage remains…
Choose your answer
A married Hindu male can adopt:
(I) Only with his wife’s consent.
(II) Only with his wife’s consent, when she is living with him.
(III) If he has more than one wife, consent of all the wives is necessary.
(IV) If the marriage is void, the wife’s consent is not necessary.
(V) In the case of a voidable marriage, the wife’s consent is necessary.
Answer and explanation
Correct answer A
Section 7 ordinarily requires the living wife’s consent even if she is living separately; a void marriage supplies no legal wife, whereas a voidable marriage remains effective until annulled. Where several wives are legally living, consent of each is ordinarily required. Thus I, III, IV and V describe the normal rule. The Act expressly dispenses with a particular wife’s consent if she has renounced the world, ceased to be Hindu or been declared of unsound mind by a competent court; I and III are subject to those exceptions.
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