Before the Hindu Adoptions and Maintenance Act, 1956, which pair of Hindu-law schools allowed a widow…
Under the pre-1956 Madras rule, the relevant family assent could supply the absence of the husband’s express authority. Under the Bombay rule, the widow could adopt without…
Choose your answer
Before the Hindu Adoptions and Maintenance Act, 1956, which pair of Hindu-law schools allowed a widow to adopt without her husband’s express authority, subject to the applicable rule about consent from his family?
Answer and explanation
Correct answer C
Under the pre-1956 Madras rule, the relevant family assent could supply the absence of the husband’s express authority. Under the Bombay rule, the widow could adopt without either form of authority in the ordinary case. The Hindu Adoptions and Maintenance Act, 1956, now provides the statutory framework.
Option feedback
Option A
Bombay allowed adoption without his authority. The ordinary Mithila rule did not give a widow the same capacity.
Option B
Madras allowed adoption with the required family assent. The ordinary Bengal rule required the husband’s express authority.
Option C
Madras permitted adoption with the requisite family assent. Bombay did not generally require the husband’s express authority or family assent.
Option D
The ordinary Bengal rule required authority from the husband, while Mithila had the stricter general rule.
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