The Bombay High Court on the other hand held that the child given in adoption cannot have any vested right in the undivided joint family property of his family of natural birth. . I am thankful to Law Times Journal for providing me with a platform where I can hone my writing skills. But I have a strong wish to adopt her. In the matter of liability of children to maintain parents, the law treats both own and adopted children equally. The court while granting permission shall be satisfied that the adoption is for the welfare of the child and due consideration will be given to the wishes of the child having regard for the age and understanding of the child. Additionally, if the widow remarries then her late husband's father-in-law does is not legally bound by this Act anymore as well.
Any adoption made by her thereafter could not affect the nature of the property which has vested in her. The legal effect of adoption cannot be avoided simply on the fact that the adoption was made with intent to deprive the adopted child of the right to inherit property in the family of birth. Since the property was not in possession of W, on the day of the enforcement of the Hindu Succession Act, 1956, it could not be the absolute property of her within the meaning of Section 14, the right of the colleterals continued to exist to challenge the validity of the gift. Oxford University Press: New Delhi. When adopting a child of the opposite sex the adopter must be 21 years older than the child. Has the capacity to take a son or daughter in adoption.
I hope my work provides you with a better understanding of legal concepts and helps you save time. Capacity of male Hindu to take in adoption. Adoption under Muslim law: Adoption is the transplantation of a son from the family in which he is born, into another family by gift made by his natural parents to his adopting parents. Without the consent of wife or wives the adoption will be void. Provided that the performance of datta hormam shall not be essential to the validity of adoption. The adopted son of a widow of the deceased coparcener, would also be taken as a member of the coparcenary if his adoptive father was so.
Hence, there has been a cry for a uniform civil code with respect to adoption. The adopted child must fall under the Hindu category. In particular, if a son were to be adopted then the adoptive father or mother must not have a alive legitimate or adopted son living with them. But she adopted a child on 2001 who was boy at 5 yr old from our blood relation. While modern Indian Law claims to make strides towards secularism, it is undeniable that its foundations rise from the Hindu legal tradition and continues to maintain religious legal acceptance by recognizing the personal and family laws of the , , , and Hindu religions. Introduction:- Section 6 of the Hindu Adoptions and Maintenance Act, 1956 provides the requisites of a valid adoption.
Postcolonial Politics and Personal Laws. In the case of Sawan Ram v. After adoption the widow gifted away a part of the property thus inherited by her in favour of her daughter Punectavalli. In case the parents are unhappy with the selection, about two more children with the same characteristics may be presented to the parents. It should be remembered that directive principles of States policy mandate the state to bring uniformity in laws. Relationship of adopted child — Section 14 Section 14 lays down as to how an adopted child will be related to certain relations of adopter. The adoptee also needs to be unmarried; however, if the particular custom or usage is applicable to the involved parties then the adoptee can be married.
Ancient Hindu Shastras recognized Dattaka and Kritrima as types of sons. Next, they have to have the capacity to be able to provide for the adopted child. There was no codified legislation dealing with the adoption of the children of these categories. Muslims, Christians, Parsis and Jews are not covered under the scope of this act. No coparcenary can say before partition that he is the owner of that particular property.
So much so that a process as natural and giving as birth of children and then adoption is being dragged into the umbrella of religious politics. This legal guardian-ward relationship exists until the child completes 21 years of age. As per this Section, the adoptive parents should be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him and both partners must consent for the adoption. If a person has more than one wife living at the time of adoption the consent of all the wives is necessary unless the consent of one of them is unnecessary for any of the reasons specified in the preceding provision. After having been given in adoption he claimed share in the coparcenary to which he was entitled on account of his birth in that family. Foreigners, who want to adopt Indian children have to approach the court under the aforesaid Act. Smritis:- It is the second important source of Hindu Law.
Manu smritis made of 12 chapters and 2694 shlokas. Adoption is not permitted in according to the personal law of Muslims, Christians, Parsis and Jews in India. If the adoptive father has been a member of the coparcenary then in the absence of A natural son, the adopted would become a coparcener. All of these acts were put forth under the leadership of , and were meant to and standardise the current Hindu legal tradition. The adopted child could not divest his adoptive mother of any property which had vested in her prior to the act of his adoption as laid down in the proviso c to section 12. Effects of invalid adoption The adopted son does not acquire any right in the adopted family. Anandji Dhewan, the Bombay High Court had rightly decided that in a coparcenary consisting of two brothers, on the death of one of them the other brother becomes the sole surviving coparcener.