Hindu Adoptions and Maintenance Act, 1956 (Part-I)

(SECTIONS 1 TO 10) Reason for adoption of son :
Hindu mythology propounded that a man is born with three debts: debts to rishis, debts to Gods and debt to ancestors . A man is absolved of the debt to rishis by the study of the Vedas , of the debt to Gods by offering sacrifice and the debt to ancestors by giving birth to a male child.
Definition : Adoption is the ‘act of a person taking as his lawful child a person who is not in fact his child’. It is the transplantation of a son from the family in which he is born into another family by way of gift made by his natural parents to the adopting parent.
Section 5 : Adoption to be regulated by this Chapter
All adoptions made after the commencement of this Act are to be regulated by the provisions contained in this Act. Any adoption made in contravention of the said provisions shall be null and void. Such a void adoption would neither create any rights in the adoptive family in favour of any person nor would it destroy the rights of any person in the family of his or her birth.
Sec. 6 : Requisites of the Valid Adoption under Hindu Adoption and Maintenance Act, 1956
Section 6 of the Act enumerates requisites of a valid adoption. Needn’t to mention here that Section is of mandatory nature and all requisites are cumulative. Therefore, violation of any of the conditions would render the adoption invalid. This section tells in a nutshell the requisites or essential conditions of a valid adoption. They have been detailed subsequently under Section 7 to Section 11. These conditions are divided under for heads.
I. That the person adopting must have the capacity to adopt and also the right, to take in adoption a child.
II. That the person giving in adoption must have the capacity to give a child in adoption.
III. The person adopted must be capable of being taken in adoption i.e., the child must be fit for adoption.
IV. That the adoption must be made in accordance with the provision of Chapter II of the Act , ie., the adoption must be made in accordance with the rule laid down in Sec.11 of the Act also.
Section 7 : Capacity of a Male Hindu to take in adoption : (i) Mental soundness: Hindu male should be of sound mind. A person of unsound mind cannot take a right decision about anything. (ii) Age of Majority : The definition of the minor as given under Section 3 (c) will apply according to which a person who has not completed the age of eighteen years is a minor. The rule as to minority or majority as enacted under the Indian Majority Act, 1875 has no application here. (iii) Consent of the wife : The above two conditions are applicable to very Hindu either bachelor or married person. The third condition is one which governs only those who have a living wife. It does not apply to an unmarried man or a widowed or a divorcee who can also adopt a child.
When wife's consent not required :
The consent of the wife may however, be dispensed with in three situations :
(a) Renunciation of world : If the wife has completely and finally renounced the world. Adoption is a worldly affair. The consent of one who has completely and finally renounced the world is not relevant to any worldly transaction.
(b) Conversion : If the wife has ceased to be a Hindu by conversion to any other religion. The word 'Hindu' has as wide a meaning as is assigned to it under section 2 (3) of this Act. Adoption as contemplated here is a matter of Hindu personal law. Hence, one who is no more a Hindu, cannot be given a right to control the right of a Hindu to exercise his right of adoption under his personal law.
(c) Mental unsoundness: If a court of competent jurisdiction has declared her to be of unsound mind.
Section 8 : Capacity of a Female Hindu to take in adoption :
It is necessary to mention here that it is a new provision which was not prevalent in old Hindu law. This section enables a female Hindu to adopt a son or daughter. She has this capacity if the following three conditions exist :
Conditions :
(i) Mental soundness : Hindu male should be of sound mind. A person of unsound mind cannot take a right decision about anything. He does not know the nature and effect of his acts.
(ii) Age of Majority : The definition of the minor as given under Section 3 (c) will apply according to which a person who has not completed the age of eighteen years is a minor. T
(iii) Marital Status: The third condition relates to her marital status.
The third conditions govern only one who is situated in the circumstances proper for adoption. These circumstances are :
(a) she must not be married; or
(b) If she is married, one of the five conditions must exist
I. her marriage has been dissolved, or
II. her husband is dead, or
III. he has completely and finally renounced the world, or
IV. he has ceased to be a Hindu by conversion to a non-Hindu religion or
V. he has been declared by a court of competent jurisdiction to be of unsound mind.