Capacity of Hindu Male to adopt a Child


Adoption means the transfer of child from biological parents to the parents who want to adopt the child as their own child. Any Hindu male or female can adopt child. The adopted child can be girl or boy. But there are some conditions which must be fulfilled for the adoption of child.

For Adoption of child by Hindu male, all the proper explanation, capacity and conditions are given under Sec.7 of the Hindu Adoption and Maintenance Act, 1956 defines capacity of Hindu Male for the adoption of Child. In this act it is clearly mentioned that Hindu male should fall under the following categories to adopt the child.
a) The Hindu male must be of major age, which means the person should complete the age of 18.
b) The Hindu male must be of sound mind, which means the person should not be insane or unable to know what is right and what is wrong for him.

A major Hindu male of sound mind can adopt child whether he is unmarried (Bachelor) or married or divorcee or widower, all males have right to adopt child. If married man wants to adopt child there need to have consent of his wife. Without taking consent of wife if man adopt child than that adoption is Void. If man has more than one wife then it is necessary to have consent of each wife. Wife’s consent may be expressed or implied.

Conditions where the consent of wife may be ignored
a). If wife has stopped practicing Hindu religion or ceased to be Hindu.
b). if wife has totally set aside the world.
c). If wife has been declared of unsound mind by a Court.
In all these conditions, she will be incompetent to give her consent.
When wife is declared insane by husband there is requirement of adjudication by the Court to prove his wife insane.

If a Hindu male is adopting female child, then the age difference of 21 years between daughter and father is compulsory.
Under old law as well as in modern law, it is considered that if a Bachelor adopt a child than child will have only one parent. So, in case of Bachelor Hindu male the adopted child will have father only as his or her parent. Law cannot provide mother to that adopted Batchelor’s or Widower’s child.

If Bachelor Hindu male or widower male get married after the adoption of child, then the wife of that Man Will be considered as stepmother for adopted child.

Essential Conditions for Valid Adoption
After Hindu Adoption and Maintain Act, 1956 came into force The Supreme Court make mandatory to prove two essential conditions for a Valid adoption.
1. Consent of Wife
Under Sec.7 the act provides that there should be consent of wife for adoption of child.
2. Proof of the ceremony of actual giving and taking in adoption
Under Sec.11 the act provide that it is mandatory to prove the actual adoption ceremony of that child while giving and taking in adoption.
It is necessary because it show the intention to transfer the child to the adopted parent.

°Dr. Paras Diwan family law book.
° Hindustantimes