Under sections 7 and 8 of the Hindu Adoptions and Maintenance Act, 1956, which person lacks capacity to…
An adult Hindu of sound mind has the basic capacity to adopt under section 7 or 8. A Hindu man with a living wife needs her consent under section 7 unless she has completely…
Choose your answer
Under sections 7 and 8 of the Hindu Adoptions and Maintenance Act, 1956, which person lacks capacity to adopt in the stated circumstances? All four are adult Hindus of sound mind. Each married man has one living wife and no statutory exception to her consent applies.
Answer and explanation
Correct answer D
An adult Hindu of sound mind has the basic capacity to adopt under section 7 or 8. A Hindu man with a living wife needs her consent under section 7 unless she has completely and finally renounced the world, ceased to be a Hindu, or has been declared of unsound mind by a competent court. The facts exclude those exceptions. This question concerns the adopter’s capacity. Other requirements for a valid adoption must also be satisfied.
Option feedback
Option A
An unmarried adult Hindu of sound mind satisfies the capacity requirement in section 7 or 8.
Option B
The adult man meets the basic requirements and has the consent required by section 7.
Option C
A divorced adult Hindu woman of sound mind can adopt under section 8. She has no spouse whose consent is required.
Option D
Section 7 requires his living wife’s consent. She has refused consent and no statutory exception applies.
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Uttarakhand Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Bihar Judicial Services
Subject revision