ADOPTION IN HINDU LAW
Section 5 to 17 of HINDU ADOPTION & MAINTAINENCE ACT DEALS WITH ADOPTION
SOME IMPORTANT SECTIONS WHICH WILL TELL ABOUT ADOPTION
SEC 6- REQUISITIES OF VALID ADOPTION:
THIS SECTION TELL US ABOUT WHAT ARE THE NECESSARY REQUIREMENT TO GIVE PERSON INTO ADOPTION
- THE PERSON ADOPTING HAS CAPACITY TO ADOPT
- THE PERSON GIVING IN ADOPTION HAS CAPACITY TO DO SO
- PERSON CAPABLE OF BEING TAKEN IN ADOPTION
- OTHER CONDITIONS MENTIONED UNDER SECTION 11 OF HINDU ADOPTIONS AND MAINTANCE ACT 1956
- A MINOR CANNOT ADOPT A PERSON
- A PERSON HAVING MULTIPLE WIVES NEED TO TAKE PERMISSION FROM EVERY WIFE BEFORE ADOPTION
- BOTH HUSBAND AND WIFE NEED TO TAKE CONSENT OF EACH OTHER BEFORE ADOPTION
- CONSENT SHOULD BE IN WRITEING OR BY POSITIVE AFFIRMATIVE ACT(GHISALAL VS DHAPUBAI) AIR(2011 SC 644)
- FATHER OR MOTHER COULD GIVE FOR ADOPTION
- IF FATHER OR MOTHER IS NOT CAPABLE FOR GIVING IN ADOPTION THAN GURDIAN MAY GIVE FOR ADOPTION EVEN TO HIMSELF WITH DUE PERMISSION OF COURT
- THE PERSON BEING ADOPTED SHOULD BE HINDU
- THE PERSON BEING SHOULD NOT CROSS THE AGE OF 15 YEARS
- THE PERSON BEING ADOPTED SHOULD NOT BE MARRIED
- THE PERSON BEING ADOPTED SHOULD ALREADY BE ADOPTED
- IF THE PERSON IS ADOPTING CHILD OF OPPOSITE SEX THERE SHOULD BE DIFFERENCE OF 21 YEARS.
EFFECT OF ADOPTION UNDER SECTION 12 OF HINDU ADOPTION & MAINTANANCE ACT 1956
An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: Provided that—
(a) The child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;
(b) Any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth;
(c) The adopted child shall not divest any person of any estate which vested in him or her before the adoption.
SUMMRY OF ENTIRE SECTION
ALL OLD TIES WITH PREVIOUS FAMILY WILL BE SERVED AND NEW TIES WITH ADOPTED FAMILY WILL BE CREATED.
- A PERSON CANNOT MARRY HIS/HER SAPINDA.
- A PERSON CANNOT MARRY IN PROHIBITED DEGREES OF RELATIONSHIP
- A PROPERTY VESTED ON HIM/HER BEFORE ADOPTION WILL REMAIN VESTED
- A PERSON CANNOT MARRY HIS/HER BIOLOGICAL SYBLINGS
- THE ADOPTED CHILD SHOULD NOT DIVEST ANY PERSON OF ANY ESTATE WHICH VESTED IN HIM OR HER BEFORE ADOPTION
- A ADOPTED CHILD ALSO ACQUIRES CASTE FROM ADOPTED PARENTS.
Author: Naman Malik,
Amity University(M.P) /3rd Year