An adult Hindu woman of sound mind wishes to adopt while her husband is alive. Which fact dispenses…
Under Section 8 as substituted in 2010, an adult Hindu woman of sound mind has capacity to adopt. If her husband is alive, his consent is required unless he has completely…
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An adult Hindu woman of sound mind wishes to adopt while her husband is alive. Which fact dispenses with his consent under Section 8 of the Hindu Adoptions and Maintenance Act, 1956?
Answer and explanation
Correct answer D
Under Section 8 as substituted in 2010, an adult Hindu woman of sound mind has capacity to adopt. If her husband is alive, his consent is required 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 adoption must still meet the other requirements of the Act.
Option feedback
Option A
Incorrect. Living apart does not by itself fall within the proviso.
Option B
Incorrect. The consent of relatives does not replace the living husband’s consent under the proviso.
Option C
Incorrect. Temporary absence for work is outside the statutory exceptions.
Option D
Correct. Ceasing to be a Hindu is an express exception in the proviso to Section 8.
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