Under the Hindu Adoptions and Maintenance Act, 1956 as currently in force, a 32-year-old married Hindu…
Section 8 gives an adult Hindu woman of sound mind capacity to adopt. A woman with a husband living generally needs his consent, which she has here. Under section 11(iv) the…
Choose your answer
Under the Hindu Adoptions and Maintenance Act, 1956 as currently in force, a 32-year-old married Hindu woman of sound mind adopts an eight-year-old Hindu boy with her husband’s consent. Assume the other statutory conditions are met. What is the status of the adoption?
Answer and explanation
Correct answer A
Section 8 gives an adult Hindu woman of sound mind capacity to adopt. A woman with a husband living generally needs his consent, which she has here. Under section 11(iv) the required age gap is 21 years. The 24-year gap meets that condition, so the adoption is valid on these facts.
Option feedback
Option A
She has the required capacity and consent, and the age gap meets section 11(iv).
Option B
Section 8 allows a married Hindu woman to adopt with her husband’s consent, subject to the other statutory conditions.
Option C
Section 15 bars cancellation of a valid adoption by the parents or any other person.
Option D
Section 15 bars an adopted child from renouncing the status of adoption.
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