HINDU ADOPTION NOT VALID WITHOUT CONSENT FROM WIFE, SAYS SC
11, Mar 2020
Prelims level : Policies Mains level : GS-II Government policies and Interventions for Development in various sectors and Issues Arising out of their Design and Implementation.
Why in News?
- The Supreme Court has recently held that the Hindu adoption is not valid unless the man takes prior consent from his wife and there is a “ceremony of giving and taking in adoption”.
About Hindu Adoptions and Maintenance Act:
- The Hindu Adoptions and Maintenance Act (HAMA) was established in the year 1956 as part of the Hindu Code Bills.
- This act extends to the whole of India except Jammu & Kashmir and applies to Hindus domiciled in our country.
- Hindu Adoptions and Maintenance Act was introduced to codify and standardize the current Hindu legal tradition.
- This act dealt specifically with the legal process of adopting children by a Hindu adult, and with the legal obligations of a Hindu to provide maintenance to various family members.
Applicability of Act:
- This act applies to any person who is domiciled in the territories
- A person who is a Hindu by religion in any of its forms or development, including the Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj
- A person belongs to a Buddhist, Jain or Sikh can adopt a child
- A child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs
- A child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been so brought up
- An abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu, Buddhist, etc.; and
- A person who has been converted to the Hindu, Buddhist, Jain or Sikh religion.
Who can Adopt a Child?
- The person should be a Hindu
- The person has not been married, unless there is a custom or usage applicable to the parties which permit persons who are married being taken in adoption
- He or she has not already been adopted
- He or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permit persons who have completed the age of fifteen years being taken in adoption
Mother’s Consent when not Necessary?
- If the father is alive, he alone has the right to give the child in adoption, but he must do so with the consent of the child’s mother, unless:
1.The mother has completely and finally renounced the world, or
2.Has ceased to be a Hindu, or
3.Has been declared to be of unsound mind by a court of competent jurisdiction