Who can adopt under the Hindu Adoption and Maintenance Act 1956?

Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband.

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.

Can a non Hindu person adopt Hindu child under Hindu Adoption and Maintenance Act?

As per the Supreme Court, a foreigner can adopt an Indian child before the age of 3 years. In the absence of any concrete act on intercountry adoption, the provisions of Guardians and Wards Act, 1890 will be followed for adoption.

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Who can adopt virtue of provisions of Hindu Adoption and Maintenance Act?

Under Section 6 of the Hindu Adoption and Maintenance Act, the law specifying adoption says that both male and female can adopt a child whether they are married or unmarried. The main conditions with this respect are that they should be of sound mind and should be at the age of majority or above.

Can a married Hindu woman adopt a child?

A Hindu woman cannot adopt a child during the survival of her marriage, the Supreme Court has ruled. … A wife can adopt a child, the court said, but this exception is made only when the husband is declared by to be mentally unsound. A woman can also adopt a child if her husband is dead.

What are the general rules of adoption under Hindu Adoption and Maintenance Act 1956?

Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband.

Which of the following child Cannot be adopted under Hindu Adoption and Maintenance Act 1956?

(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son’s son or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption; … This breach is fatal to adoption; Hanmant Laxman Salunke (D) by L.Rs. v.

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What are the conditions of valid adoption under Hindu law?

Requisites of a Valid Adoption

The person adopting should have the capacity and also the right, to take in adoption. The person giving in adoption should have the capacity to do. The person adopted should be capable of being taken in adoption.

How many types of adoption are there in Hindu law?

Kanina i.e. son secretly born to an unmarried damsel. Swayamadatta- where an abandoned son offers himself to one. Apviddha- where an abandoned son was accepted by a person on his own initiative. One more kind of son was added by some law givers, called Nishad, i.e., son of a Brahmin by his shudra wife.

Who is minor in Hindu law?

Under the Hindu Minority and Guardianship Act, 1956, S. 4(b), minor means a person who has not completed the age of eighteen years. A minor is considered to be a person who is physically and intellectually imperfect and immature and hence needs someone’s protection.

What is the capacity of a Hindu male and a Hindu female for a valid adoption under the Hindu Adoption and Maintenance Act 1956?

Section 8 of the Hindu Adoption and Maintenance Act, 1956 deals with the capacity of a Hindu Female to adopt a child. It states three conditions for a female Hindu to be capable to adopt a child: She should be of sound mind. She should be a major.

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