Hindu Adoptions and Maintenance Act

ADOPTION orphanage, or the person in whose case the child is, of the
person who has brought up the child can give the child in
APPLICABLE adoption.
 Indian domicile WHO IS CAPABLE OF BEING ADOPTED (SEC 10)
 Hindu by religion- buddhist,jain,sikh  Must be hindu
 Legitimate or illegitimate child-both parents hindu  Must not have been adopted already
 Legitim or illegitimate child-one of parents hindu-bought up  Unmarried (without custom)
 An abandoned child, Legit or illegitimate child-brought up  Less than 15 yrs (without custom)
as hindu  Sapinda relation can be adopted too- sis’s son
 A person converted to hindu
 Should not belong to muslim, chritian, parsi, jew OTHER CONDITIONS & CEREMONIES (SEC 11)
WHO MAY TAKE ADOPTION (SEC 6)

 Adoption of son: if having beta, pota, padpota
 Adoption of daughter:if having beti, poti
 major
 Two person cannot adopt same child
 sound mind
 Age difference- opposite sex adoption-21 years gap
 person adopting Should have capacity and right
 Can’t adopt more than one son or daughter
 person giving adoption should have capacity
 Married child can’t be adopted, unless recognized by
 person adopted should be capable of being taken in
custom
adoption
 Can’t be adopted after 15 years, unless recognized by law
 adoption should be made in compliance with the
 DAMODAR LAI V. LALLI LAI- adoption of brother’s
conditions of the HAMA
daughter’s son not invalid- just because its in
 hindu can take only hindu in adoption
prohibited degrees of marriage-prohibited relations
 lunatic person can be adopted to
are not seen in adoption
CAPACITY OF MALE TO ADOPT SEC 7
EFFECTS OF ADOPTION (SEC 12)
major, sound mind
 Is now child of his adoptive parents
consent of his wife (all if more)(VOID without consent)
Exception-  Provided- still cannt marry in sapinda and prohibited
 Wife renounced (sanyasi) relations from natural parents
 Ceased to be hindu (changed religion)  Before adopted got property still owner
 Unsound mind declared by court  Adoptive parents divided property before adoption- can’t
BHOOLORAM VS RAMLAL AIR 1989, MP HC has held that if claim now
the consent of the wife living with the husband is obtained
 an adopted doest have right to renounce his adoptive
but the consent of the wife living away has not been obtained
parents and return to the family of his birth
then the adoption is void
RIGHTS OF ADOPTIVE PARENTS TO DISPOSE OF

CAPACITY OF A FEMALE TO ADOPT (Sec 8)
THEIR PROPERTIES (SEC 13)
Major, sound mind,Unmarried,A widow,Divorcee
An unchaste women An adoption doesn’t deprive
If Married- Adoptive parents have right to divide their property Or
 Marriage dissolved by will
 Husband dead  NAND KISHORE V BHUPINDRA- adopted child can’t claim
 Husband renounced the world property from alive adoptive parents(they can’t be forced,
 Husband converted they have free will)
 Husband declared unsound mind by court
 Woman has no right to adopt if married and husband DETERMINATION OF ADOPTIVE MOTHER (SEC 14)
not suffering any disability  Wife would be adoptive mother
VIJAYALAKSHAMMA VS B T SHANKAR, AIR 2001, SC has held  More wives, eldest one - mother, others stepmother
that consent from a co-widow is not required because a  Any widower or bachelor –(when marries) wife would be
widow can adopt on her own right stepmother not adoptive mother
 (Same for female) Any widow or bachelor –(when marries)
WHO CAN GIVE IN ADOPTION (SEC 9) husband wud be stepfather not adoptive father
 Natural father with consent of natural mother(no
defect) VALID ADOPTION NOT TO BE CANCELLED (SEC 15)
 Father(defect), mother can give  No one can cancel valid adoption
 Only mother if child illegitimate
 GOPAL V. KAMPTA- not even adopted child can
 If both parents dead or defected, guardian,
cancel this valid adoption and return to birth family
testamentary, court appointed can give
DHANRAJ VS SURAJ, 1981 SC held that guardian includes - de  Agreement not to adopt is void
jure and de facto. Thus, a manager or secretary of an

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ADOPTION orphanage, or the person in whose case the child is, of the

WHO MAY TAKE ADOPTION (SEC 6)

RIGHTS OF ADOPTIVE PARENTS TO DISPOSE OF

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