An adult Hindu woman of sound mind wishes to adopt. She has a living husband, and all requirements…
Section 8 gives an adult female Hindu of sound mind capacity to adopt a son or daughter. If her husband is living, she ordinarily needs his consent. Consent is unnecessary…
Choose your answer
An adult Hindu woman of sound mind wishes to adopt. She has a living husband, and all requirements other than spousal consent are satisfied. Under section 8 of the Hindu Adoptions and Maintenance Act, 1956, when is his consent required? Assume each choice gives the only relevant additional fact.
Answer and explanation
Correct answer A
Section 8 gives an adult female Hindu of sound mind capacity to adopt a son or daughter. If her husband is living, she ordinarily needs his consent.
Consent is unnecessary if the husband has completely and finally renounced the world, has ceased to be Hindu or has been declared of unsound mind by a competent court.
Option feedback
Option A
Living separately or in another city does not dispense with a living husband’s consent.
Option B
Complete and final renunciation is one of the statutory exceptions.
Option C
Ceasing to be a Hindu is one of the statutory exceptions.
Option D
A competent court’s declaration of unsoundness of mind is one of the statutory exceptions.
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