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Under section 9(2) of the Hindu Adoptions and Maintenance Act, 1956, which list gives three situations…

Section 9(2) gives the parents equal rights if both are alive and generally requires the other parent’s consent. The mother may act if the father consents or has died. If he…

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Under section 9(2) of the Hindu Adoptions and Maintenance Act, 1956, which list gives three situations in which the mother may give the child in adoption, assuming the Act’s other requirements are met?

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Answer and explanation

Correct answer D

Section 9(2) gives the parents equal rights if both are alive and generally requires the other parent’s consent. The mother may act if the father consents or has died. If he is alive, consent is dispensed with if he has ceased to be a Hindu, completely and finally renounced the world, or been declared of unsound mind by a competent court.

Option feedback

Option A

A change of residence does not by itself dispense with the father’s consent.

Option B

Living apart does not by itself dispense with the father’s consent.

Option C

Remarriage does not by itself dispense with the father’s consent.

Option D

Consent permits the mother to act, and death or ceasing to be a Hindu removes the need for the father’s consent.

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