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An adult married Hindu woman of sound mind wishes to adopt under the Hindu Adoptions and Maintenance…

The substituted section 8 gives a woman of sound mind who is not a minor capacity to adopt. Where her husband is living, his consent is required unless he has completely and…

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An adult married Hindu woman of sound mind wishes to adopt under the Hindu Adoptions and Maintenance Act, 1956. Her husband is alive, remains Hindu, has not renounced the world and has not been declared of unsound mind by a competent court. Assuming all other conditions are met, what does she need?

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Answer and explanation

Correct answer A

The substituted section 8 gives a woman of sound mind who is not a minor capacity to adopt.

Where her husband is living, his consent is required unless he has completely and finally renounced the world, ceased to be Hindu, or been declared of unsound mind by a competent court.

Option feedback

Option A

The proviso to section 8 requires her husband's consent on these facts.

Option B

Section 8 supplies no general power to replace a husband's required consent with court permission.

Option C

Section 8 gives no approval role to the husband's parents.

Option D

The section 8 requirement is separate from the requirements governing who gives a child in adoption.

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