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Under Section 11(i) of the Hindu Adoptions and Maintenance Act, 1956, for whom does having a son born…

Under Section 11(i) of the Hindu Adoptions and Maintenance Act, 1956, if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a…

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Under Section 11(i) of the Hindu Adoptions and Maintenance Act, 1956, for whom does having a son born outside marriage who has no adoptive status create a bar to adopting a son?

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Answer and explanation

Correct answer C

Under Section 11(i) of the Hindu Adoptions and Maintenance Act, 1956, if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son, or son's son's son '(whether by legitimate blood relationship or by adoption)' living at the time of adoption. Because the statute expressly confines the bar to a son related by legitimate blood relationship or by adoption, the existence of an illegitimate son is not a bar to either a male Hindu or a female Hindu taking a son in adoption.

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Option A

Section 11(i) does not treat this son as a bar for an adoptive father.

Option B

Section 11(i) does not treat this son as a bar for an adoptive mother.

Option C

The specified bar applies to either adoptive parent only where a qualifying Hindu son, son’s son or son’s son’s son is living at adoption.

Option D

The relationship in the question does not meet the qualification in Section 11(i).

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