Under section 9 of the Hindu Adoptions and Maintenance Act, 1956, in which situation may a mother give…
Under section 9(2), the father and mother have equal rights to give a child in adoption. When both are alive, either generally needs the other's consent. The proviso…
Choose your answer
Under section 9 of the Hindu Adoptions and Maintenance Act, 1956, in which situation may a mother give a child in adoption without obtaining the father's consent, assuming the other requirements are satisfied?
Answer and explanation
Correct answer D
Under section 9(2), the father and mother have equal rights to give a child in adoption. When both are alive, either generally needs the other's consent. The proviso dispenses with consent if the other parent has completely and finally renounced the world, has ceased to be a Hindu, or has been declared of unsound mind by a court of competent jurisdiction. When one parent is dead, the surviving parent may exercise the right without obtaining consent from the deceased parent.
Option feedback
Option A
A temporary vow does not amount to completely and finally renouncing the world.
Option B
Living abroad does not, by itself, dispense with consent.
Option C
The proviso requires a declaration of unsound mind by a court of competent jurisdiction.
Option D
The father ceasing to be a Hindu is an express exception to the consent requirement.
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