I. She has been declared to be of unsound mind by the Court of Competent jurisdiction.
II. She has finally and completely renounced the world.
III. She has ceased to be a Hindu.
IV. Her age is less than 18 years.
Codes :
Hindu Adoption: Dispensing with Mother's Consent
When a Hindu father gives a child in adoption, the consent of the mother is generally required. However, this requirement can be waived under specific circumstances outlined by law.
Grounds for Dispensing Mother's Consent
The mother's consent may be dispensed with if any of the following conditions are met:
- I. Unsound Mind: If the mother has been declared mentally unsound by a competent court, her consent is not legally required.
- II. Renunciation of the World: If the mother has completely and finally given up worldly life (e.g., become a sanyasi), her consent is not needed.
- III. Ceased to be a Hindu: If the mother is no longer a Hindu by religion, her consent is not mandatory under the Hindu adoption laws.
Rationale for Condition IV
Statement IV suggests dispensing with consent if the mother's age is less than 18 years. While minority status affects legal capacity, it is not typically a standalone reason to dispense with a mother's consent for adoption under Hindu law, especially when the father is initiating the adoption. The primary focus is on the mother's mental competence, commitment to worldly affairs, and religious status.
Conclusion
Therefore, the valid conditions under which the mother's consent can be dispensed with are I, II, and III.
Important Questions from Hindu Law
- What is the guiding principle of inheritance under Mitakshara?
- Match the LIST-I with LIST-II
LIST-I Heirs LIST-II Succession Categories A. Paternal Aunt's Son I. Class II B. Daughter's Son's daughter II. Cognate C. Paternal Uncle's daughter III. Class I D. Daughter of a predeceased Son IV. Agnate
Choose the correct answer from the options given below: - H and W are married, H filed petition for divorce that was granted in his favour by the family court, when H cannot remarry again?
- Which one of the following Reports of the Law Commission of India supported/recommended the inclusion of irretrievable breakdown of marriage as a ground for divorce?
- Identify the correct statement from the following :
