Assume each person described is an adult Hindu of sound mind and no statutory exception to spousal…
Sections 7 and 8 set out capacity to adopt for adult Hindus of sound mind. A male Hindu with a living wife generally requires her consent under section 7. The exceptions are…
Choose your answer
Assume each person described is an adult Hindu of sound mind and no statutory exception to spousal consent applies. Under the Hindu Adoptions and Maintenance Act, 1956, who cannot adopt in the circumstances stated?
Answer and explanation
Correct answer D
Sections 7 and 8 set out capacity to adopt for adult Hindus of sound mind. A male Hindu with a living wife generally requires her consent under section 7. The exceptions are complete and final renunciation of the world, ceasing to be Hindu, and a declaration of unsoundness of mind by a competent court. None applies here. An unmarried person or a divorced woman can have capacity to adopt, subject to the Act’s other requirements.
Option feedback
Option A
An unmarried adult Hindu of sound mind can have capacity to adopt under sections 7 or 8.
Option B
A divorced adult Hindu woman of sound mind can have capacity under section 8.
Option C
The wife’s consent meets the spousal-consent condition in section 7.
Option D
Section 7 requires the living wife’s consent in the stated circumstances.
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