Under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, when may a married Hindu man adopt if…
Section 7 permits a Hindu man of sound mind who is not a minor to adopt. If he has a wife living, her consent is required unless she has completely and finally renounced the…
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Under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, when may a married Hindu man adopt if his wife is living and no statutory exception applies?
Answer and explanation
Correct answer B
Section 7 permits a Hindu man of sound mind who is not a minor to adopt. If he has a wife living, her consent is required unless she has completely and finally renounced the world, ceased to be Hindu, or been declared of unsound mind by a competent court. The Supreme Court applied the consent requirement in Ghisalal v. Dhapubai.
Option feedback
Option A
Incorrect. Under the Proviso to Section 7 of the Hindu Adoptions and Maintenance Act, 1956, an adoption made by a married Hindu male without the consent of his living wife (who is not disqualified) is invalid.
Option B
Correct. Under the Proviso to Section 7 of the Hindu Adoptions and Maintenance Act, 1956, if a male Hindu has a wife living, he shall not adopt except with the consent of his wife (unless she has completely and finally renounced the world, ceased to be a Hindu, or been declared by a court of competent jurisdiction to be of unsound mind).
Option C
Incorrect. The Proviso to Section 7 does not allow a husband to bypass a competent living wife's consent by obtaining prior permission of the Court.
Option D
Incorrect. Mere knowledge of the wife does not satisfy the Proviso to Section 7; her free and actual consent is mandatory unless one of the statutory exceptions applies.
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