Author: Prashant Indoriya,Student at Prestige Institute of Management and Research, Gwalior
To the Point:
Adoption is not define in Hindu Adoption and Maintenance Act 1956 is defined in under Juvenile Justice Care and Protection of Children Act 2015 according to section 2 of Juvenile Justice Care and Protection of Children Act 2015 Adoption means the process through which the adoption child is permanently separate from biological parents and become the lawful children of is adaptive parents and responsibility that are attached to the biological Child.
Adoption is the lawful taking of the child as his child where as he is not is biological child a child is transparent from band house to another is transfer is more in the form of a gift. Whenever any child is adopted under no circumstances their must be any pecuniary transaction Hindu Adoption and Maintenance Act 1956 section 17 say that will not be allowed as consideration of adoption is unique only to Hindus that is why there is no uniform law of adoption in India. Section 2 of Hindu Adoption and Maintenance Act says that that the Hindus Adoption and Maintenance act applies only to Hindus include Buddhist, Sikh and Jains no concept of adoption in Muslim law the Prophet was not much in favour of adoption Muslim can adopt under Juvenile Justice Care and Protection of Children Act 2015 Act. Parsis, Jews, Christians do not have any law of Adoption..
Hindu law is the only law which recognize that without a son, a man will not get salvation, that is why if the Biological son could not be produced a substitute for our natural born son can be taken. That substituted has to be similar that the biological son been born.
Under Ancient Hindu Law consent of wife was not necessary adoption was more or less are spiritual and are religious act that is why this was given a spiritual overturn in the Ancient Hindu law and adopted son must be treated as a natural born son.
Use of Legal Jargon:
The Hindu adoption and maintenance act incorporates extensive legal Jargon, ensuring clarity and specificity in its provisions. Terms such as natural guardian and capacity to adopt delineate the legal eligibility and responsibility of individuals involved in the adoption process. The phrase “ void ab initio” signifies adoption that are invalid from the outset due to non -compliance with statutory requirements.
The Proof:
The Adoption of a child by a Hindu couple is valid only if there is a proof of a ceremony and consent of the wife under the Hindu Adoption and Maintenance Act 1956, the Supreme Court was ruled that the adoption of a child by a Hindu couple and consent of the wife under the Hindu Adoption and Maintenance act the Supreme Court was ruled that the adoption of a child by a Hindu couple is valid on the if there is a proof of such a ceremony and consent of a wife under the Hindu Adoption and Maintenance Act 1956 the Supreme Court was ruled. The two section condition as mention in section 7 and 11 of the act of 1956 are the consent of the wife before a male Hindu adopt a child and the proof of ceremony actual giving and taking in Adoption the Maintain of the Act of 1956 is that has been made in compliance with the condition mention in chapter 1 of the act of 1956.
Abstract
The relation of a child and parents is beyond the definition of love and affection this unreal bound was always been a concentrated source of origination of right liability and food dependency of the former towards the letter and vice versa the concept of Adoptions antiquity and death goes stronger in case of Hindu Law that permit production. Even before it’s codification for the following attempt to go through how the practice of Adoption change over the years what are the myths associated with this concept how Hindu Adoption and Maintenance Act 1956 has been able to setup equity between men and women in terms of their rights to adoption and how customs and practice are kept in harmony with the codified law. Ancient Hindu Law adoption was always a personal act that means there is no need of the course intervention in the Modern Hindu Adoption and Maintenance Act this accept of Ancient Law has been retained and if a Hindu adopts a child under Hindu Adoption and Maintenance Act 1956 it consider as a personal act and there is no need for court’s intervention.
In the Ancient Hindu law adoption was final and irrevocable, this is maintained even in the modern law. A valid adoption cannot be cancelled by any person who is adopting or even the natural parents cannot re-claim the child nor the adopted child can renounce his new parents and go back to his old parents. In other words these is like a birth of a child in that adopting family. In Ancient Law where the window had to adopt a son it was always in the name of the her death husband now the widow can adopt a child to herself. Female could not be adopted in the Ancient law but now the female can be adopted equally a sons.
Case Laws:
Case laws play a important position in illustrating the judiciary stance at the validity for a adoption in India. In Ram Das vs Gandia Bai 1997 Supreme Court held that only one thing has to be proved that there was a property giving merely because a father was spending money on the maintenance of the child, does not imply that he was adopted. There must be formal giving and taking of the child and also there must be an intention to give and take permanently adoption can be express in nature.
Jai Singh vs Shakuntala 2002 SC in these case Supreme Court held that where an Adoption is registered, there is a strong presumption that there was adoption until it is disproved. But, it is not an irrebuttable proof. It always raises a strong presumption in favour of adoption.
Laxmikant Pandey vs UOI 1984 SC these case Supreme Court formulated rules regarding inter-country adoptions to be followed by everyone adopting or giving in adoption. Because of this Judgement, Central Adoption Resource Agency was set up to regulate inter country adoptions.
Conclusion
In conclusion adoption within the Hindu tradition is a deeply significant and multifaceted process, rooted in religious, cultural, and social value. It serves not only such a means of providing a loving home to a child but also such a way of continue family lineage and fulfilling one’s Dharma. Such as the Hindu adoption and maintenance act, ensures that the rights and welfare of both the child and the adopting parents are safeguarded. By embracing adoption, Hindu families enrich their lives and uphold the timeless principle of compassion, duty and familiar bonds that are central to their faith.
FAQ on Hindu Adoption
`1. What is the Hindu Adoption and Maintenance act?
The Hindu Adoption and Maintenance act as a law enacted in 1956 that governs the adoption process among Hindus in India it outlines the legal requirement eligibility, and procedures for adopting a child ensuring the welfare of both the child and the adoptive parents.
2. Who is eligible to adopt under Hindu adoption and maintenance act?
Under Hindu Adoption and Maintenance act any Hindu male or female who is of sound mind, has attained the way age of majority, and its capable of providing for the child’s upbringing and welfare can adopt. A married person requires the consent of their spouse, unless the spouse each of unsound mind or has renounced the world.
3. Who can be adopted Under Hindu adoption and maintenance act?
A child who is Hindu and has not been adopted previously can be adopted under Hindu adopted and maintenance act .The child must be unmarried and if a girl should not have been completed 15 years of age unless there is a custom usage applicable to the parties that permits adoption of married persons.
