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
- Which of the following is not correct under Section 8 of Hindu Succession Act 1956? The property of a Hindu male dying intestate shall devolve
- Which sections of Hindu Marriage Act 1955 deal with matrimonial remedy of divorce?
(a) Section 13
(b) Section 13 (1-A)
(c) Section 17
(d) Section 13-B
Choose the correct option : - Read the following statement in the light of Hindu Adoption and Maintenance Act 1956:
(a) Section 7 deals with capacity of a male Hindu to take in adoption
(b) Section 13 deals with valid adoption not to be cancelled
(c) Section 12 deals with effect of adoption
(d) Section 15 deals with right of adoptive parents to dispose off their properties
Choose the correct option : Match List I and List II
List I
(Section of Hindu Marriage Act 1955)
List II
(Provision)
(a) Section 5 (i) (i) Ceremonies of Hindu Marriage (b) Section 7 (ii) Marriageable age (c) Section 8 (iii) Monogamy (d) Section 5 (iii) (iv) Registration of Marriage
Choose the correct option from those given below :- Arrange the provisions of Hindu Succession Act 1956 in chronological order (Section wise)
(a) Presumption in case of simultaneous death
(b) Failure of heirs
(c) Act not to apply to certain properties
(d) Full blood preferred to half blood
Choose the correct option :
