The Hindu Adoptions and Maintenance Act 1956
|10/09/2013||Posted by shailja chauhan under Acts & Rules|
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8. Capacity of a female Hindu to take in adoption.-
Any female Hindu-
(a) who is sound mind,
(b) who is not a minor, and
(c) who is not married, or if married, whose marriage has been dissolved or 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 jurisdiction to be of unsound mind.
Has the capacity to take a son or daughter in adoption.
Capacity of female Hindu to adopt
There is conceptual and contextual difference between a divorce woman and one who is leading life like a divorced woman. Both cannot be equated. The appellant because of her physical deformity lived separately from her husband and too for a very long period right from the date of marriage. But in eye of law they continued to be husband and wife, because there was no dissolution of marriage or divorce in the eye of law. Son adopted by appellant invalid; Brajendra Singh v. State of Madhya Pradesh , AIR 2008 SC 1056.
Where there is no evidence to show that the female Hindu was seriously ill — mentally or physically, it has been held that she is in a position to adopt; Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.
via The Hindu Adoptions and Maintenance Act 1956.