Question: Who are capable of giving a child in adoption under Hindu Adoption and Maintenance Act 1956?

Persons capable of giving in adoption | Hindu Adoptions and Maintenance Act, 1956 | Bare Acts | Law Library | AdvocateKhoj. (1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.

Who are capable of giving in adoption under the Hindu Adoption and Maintenance Act 1956?

Who May Give In Adoption? Section 9 of the Hindu Adoption and Maintenance Act, 1956, gives a list of persons who are capable of giving in adoption, which is provided hereinbelow: only the parents or the legal guardian of a child shall have the power to give in adoption.

Who can give a child in adoption under 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.

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Who can claim maintenance under Hindu Adoption and Maintenance Act?

(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.

Who are the dependents for the purpose of maintenance under the Hindu Adoption and Maintenance Act 1956?

Hindu Adoption and Maintenance Act, 1956, Section 20 – A Hindu male or female is bound to maintain his or her legitimate/illegitimate minor children and aged/infirm parents. Aged or infirm parent (which includes childless stepmother) or unmarried daughter have to be maintained if they are unable to maintain themselves.

Who are the person capable of giving a child in adoption?

Persons capable of giving 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. By Section 9(1) of the Act, only the father or mother or the guardian of a child has the capacity to give the child in adoption.

What are the conditions for valid 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.

What are the conditions for adoption in the Hindu law?

The Act has given two qualification for a male Hindu to be capable to take a child in adoption i.e. the person must be of sound mind and he must not be a minor. The man is required to take consent of the wives or wife, before adoption. Without the consent of wife or wives the adoption will be void.

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Under what circumstances a Hindu female can take a child in adoption?

It permits an unmarried woman, a divorcee and a widow to adopt. If she is married and the marriage is subsisting, she cannot adopt except when her husband (i) has ceased to be a Hindu; or (ii) has renounced the world; or (iii) has been declared to be of unsound mind by a competent court.

What are the effects of adoption under Hindu law?

Once a person successfully adopts a child, the child gets all the rights applicable to naturally born children. The child also thereafter severs all ties with its old family. However, any property he owns prior to the adoption will continue to remain with him.

On which ground a Hindu wife is not entitled to live separately from her husband and claim for maintenance?

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

Who is entitled to maintenance under Hindu law?

Permanent Maintenance

Hindu Marriage Act, 1955, Section 25 – Applicant, either wife or husband is entitled to receive from the spouse for his/her maintenance and support a gross sum or monthly or periodical sum for a term not exceeding the applicant’s lifetime or until he/she remarries or remains chaste.

Can a Hindu wife claim maintenance if she leaves her home for purpose of adultery?

The sub-section reads, “No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.” The High Court dismissed the plea.

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In which case the mother can give the child in adoption without consent of father?

Capacity to give for adoption. If in case parents died then the guardian can give for adoption. If only the father is alive then he can alone give for adoption without any consent. If the mother becomes unsound mind then her/his father can give for adoption.

Can a Hindu female can adopt a son?

Under the Hindu Adoption and Maintenance Act, 1956

Any Female Hindu, having a sound mind, a major, and is eligible for adopting a child can adopt a child. If the Female Hindu is married and wants to adopt a child she has to take the consent of her husband as well before adoption, and the consent should be free.

What are the essential features of Hindu Adoption and Maintenance Act 1956?

Requisites of a Valid Adoption

The person giving in adoption should have the capacity to do. The person adopted should be capable of being taken in adoption. The adoption should be made in compliance with the conditions of the Hindu Adoptions and Maintenance Act (HAMA)

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