INTRODUCTION
The Hindu Adoptions and Maintenance Act, 1956 codifies the law of adoption and maintenance. Adoption is the admission of a stranger by birth to the privileges of a child by a legally recognised form of affiliation. Outside British India, in Goa, Daman and Diu the Portuguese incorporated basic rules of Hindu law of adoption in 1880. Indian Majority Act, 1875 exempted adoption from the purview of its provisions while Indian Succession Act, 1925 specifically recognised the Hindu usage of adoption.
Adoption is not recognised in any other personal laws. There is no provision of adoption in Mohammedan law nor it is recognised by the Christian or Parsi law. Adoption is recognised by Hindu law but the act does not provide for the performance of any religious ceremonies at the time of adoption. It prescribes only the act of actual giving and taking of the child.
According to section 4 of the act, all texts, rules, interpretation of Hindu law or any custom or usage as part of that law …show more content…
Thus, there are two conditions to enable a male Hindu to adopt a child, which are like :
1. He must not be a minor
2. He must be of sound mind.
CAPACITY OF A FEMALE HINDU TO ADOPT
Under the Hindu Adoption and Maintenance Act, the Hindu females have also being given the right to adopt a child. They no longer require any authority to the effect from their deceased husbands, which was mandatory under the old law. Under the present Act an unmarried Hindu female also could adopt a child only when the following conditions are fulfilled :
1. She is of sound mind,
2. She is not minor,
3. She is not married, or
4. If she is married her marriage has been dissolved, or
5. Her husband is dead, or
6. Her husband has renounced the world finally and conclusively, or
7. Her husband has become a convert,
The Hindu Adoptions and Maintenance Act, 1956 codifies the law of adoption and maintenance. Adoption is the admission of a stranger by birth to the privileges of a child by a legally recognised form of affiliation. Outside British India, in Goa, Daman and Diu the Portuguese incorporated basic rules of Hindu law of adoption in 1880. Indian Majority Act, 1875 exempted adoption from the purview of its provisions while Indian Succession Act, 1925 specifically recognised the Hindu usage of adoption.
Adoption is not recognised in any other personal laws. There is no provision of adoption in Mohammedan law nor it is recognised by the Christian or Parsi law. Adoption is recognised by Hindu law but the act does not provide for the performance of any religious ceremonies at the time of adoption. It prescribes only the act of actual giving and taking of the child.
According to section 4 of the act, all texts, rules, interpretation of Hindu law or any custom or usage as part of that law …show more content…
Thus, there are two conditions to enable a male Hindu to adopt a child, which are like :
1. He must not be a minor
2. He must be of sound mind.
CAPACITY OF A FEMALE HINDU TO ADOPT
Under the Hindu Adoption and Maintenance Act, the Hindu females have also being given the right to adopt a child. They no longer require any authority to the effect from their deceased husbands, which was mandatory under the old law. Under the present Act an unmarried Hindu female also could adopt a child only when the following conditions are fulfilled :
1. She is of sound mind,
2. She is not minor,
3. She is not married, or
4. If she is married her marriage has been dissolved, or
5. Her husband is dead, or
6. Her husband has renounced the world finally and conclusively, or
7. Her husband has become a convert,