A Hindu woman cannot adopt a child during the survival of her marriage, the Supreme Court has ruled. … A wife can adopt a child, the court said, but this exception is made only when the husband is declared by to be mentally unsound. A woman can also adopt a child if her husband is dead.
Can a married woman adopt a child without her husband consent?
As per Section 57 of the Act, in the case of married couples, consent of both spouses is necessary for valid adoption to take place. In the absence of consent of one, the adoption shall be considered void.
In what circumstances a Hindu female can adopt a son?
Any male or female, married or unmarried but of sound mind and above the age of 18 years can adopt a child.
What is the capacity of Hindu female to take in adoption?
Section 8 : – Capacity of a female Hindu to take in adoption – Any female Hindu – a) who is of sound mind, b) who is not aminor, and c)who is not married, or if married, whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a Court of competent …
Where a Hindu who has a wife living adopts a child the said wife is called?
(1) Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother.
Can a single woman adopt a child in India?
A person can adopt irrespective of their marital status and whether or not he or she has a biological son or daughter. … A single female can adopt a child of any gender but a single male shall not be eligible to adopt a girl child. In case of a married couple, both spouses should give their consent for adoption.
Can a husband adopt a child without wife’s consent in India?
Section 7 of the Act provides that any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. It provides that if he has a wife living, he shall not adopt except with the consent of his wife.
When can a married Hindu adopt a child?
Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband.
Who may adopt in Hindu law?
Who may adopt? A man, who is sound mind and already achieved his uponoyon age. Adopted father must not have any son or son’s son how low soever, whether that son or son’s son is natural or adopted. He might be married, unmarried or widower; if he is married his wife’s consent is not necessary.
Who may give in adoption in Hindu law?
No one but the parents and guardian of the child can give them up for adoption as per Section 9 of the Hindu Adoption and Maintenance Act. As per the act: Only the biological father of a child has the authority to give him up for adoption; The consent of the child’s biological mother is necessary.
Can a married female adopt a child?
A wife can adopt a child, the court said, but this exception is made only when the husband is declared by to be mentally unsound. A woman can also adopt a child if her husband is dead. … The judges further said a husband can adopt a child but only if the wife gives consent.
What is the maintenance of wife?
I) MAINTENANCE OF WIFE:
24 of Hindu Marriage Act, 1955 (herein after mentioned as HM Act), either the wife or husband can apply for interim maintenance. The basis of the claim for interim maintenance is that the claimant has no independent income of his/her own to support himself/herself.
Who may give in adoption?
(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.
What are the essential conditions of Hindu adoption?
She must be of legal age. She must be of sound mind. She must be unmarried or if she is married, the husband must give his full consent to adopting a child unless he is of unsound mind, has renounced the Hindu faith and the world or has dissolved the marriage.
Who is the natural guardian of a minor married Hindu girl?
Section 6 of India’s Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother. It also provides that the guardian of a married minor girl is her husband. Section 6.
What are the essential conditions for a valid Hindu adoption?
Requirements for a valid adoption
- The person adopting is lawfully capable of taking in adoption.
- The person giving in adoption is lawfully capable of giving in adoption.
- The person adopted is lawfully capable of being taken in adoption.
- The adoption is completed by an actual giving and taking and.