Both legally recognised Hindu parents of a child are alive and neither has abandoned the child. The…
Section 9(2) gives each living parent an equal right to give a child in adoption, subject to subsection (4) and the other parent’s consent. The consent proviso identifies…
Choose your answer
Both legally recognised Hindu parents of a child are alive and neither has abandoned the child. The child is otherwise eligible for adoption. Neither has completely and finally renounced the world, ceased to be Hindu or been declared of unsound mind by a competent court. Under section 9(2) of the Hindu Adoptions and Maintenance Act, 1956, may the mother give the child in adoption without the father’s consent?
Answer and explanation
Correct answer C
Section 9(2) gives each living parent an equal right to give a child in adoption, subject to subsection (4) and the other parent’s consent.
The consent proviso identifies complete and final renunciation of the world, cessation of Hindu status and a competent court’s declaration of unsoundness as exceptions.
Option feedback
Option A
Living with the mother is not an exception in section 9(2).
Option B
The equal right is subject to the other parent’s consent and specified exceptions.
Option C
The statute requires consent on the facts given.
Option D
The current section gives the father and mother equal rights subject to consent.
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