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Assume the other requirements of the Hindu Adoptions and Maintenance Act, 1956 are satisfied. When can…

Section 10(iv) generally excludes someone who has completed fifteen years. A custom or usage applicable to the parties can permit adoption at that age, subject to the Act’s…

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Assume the other requirements of the Hindu Adoptions and Maintenance Act, 1956 are satisfied. When can a 16-year-old boy be adopted under that Act?

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Answer and explanation

Correct answer D

Section 10(iv) generally excludes someone who has completed fifteen years. A custom or usage applicable to the parties can permit adoption at that age, subject to the Act’s other requirements.

Option feedback

Option A

A private agreement does not satisfy the applicable-custom requirement in section 10(iv).

Option B

Consent may be relevant to who may give the child in adoption under section 9. It does not replace the age exception in section 10(iv).

Option C

Section 10(iv) gives no general judicial power to waive the age condition. It specifies an applicable custom or usage.

Option D

Section 10(iv) allows adoption at age sixteen if an applicable custom or usage permits it and the other requirements are met.

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