According to Manu adoption is the “taking of a son, as a substitute for the failure of a male issue”. Thus it is a transplantation of a son from the family in which he is born to another family where he is given by the natural parents by way of gift. The Adopted son is […]
Tag Archives | Essay on Adoption
The capacity of a male Hindu regarding Adoption is as follows: According to Section 7 any male Hindu who is of sound mind and is not a minor, that is, he has completed the age of 18 years, has the capacity to take a son or daughter in adoption.
Pre Act Law: Adoption has been spoken of as new birth nor is this expression a mere figure of speech.
The Rights of adoptive parents to dispose of their property are as follows: Section 13 deals with the powers of adoptive parents to dispose of the property. Section 13 runs as follows—
What are the Changes Meant to Simplify the Hindu Adoptions and Maintenance Act, 1956 and Eliminate Speculative Litigation?
The Changes Meant to Simplify the Hindu Adoptions and Maintenance Act, 1956 and Eliminate Speculative Litigation are: (i) Abolition of the Doctrine of Relation Back: Under the Shastric law there was the doctrine of relation back by which the adoptee is treated as a posthumous son. The continuity of the line of the adoptive father […]
The Changes brought about by Legislation in the Law of Adoption and Maintenance Act, 1956 are as follows: (i) As to who May Adopt: Under the shastric law a widow could adopt only to her husband. She could not adopt exclusively to herself. This was because the objection of an adoption was purely religious and […]
The doctrine of Factum Valet is sometimes involved in the law of adoption. In Sri Balusu v. Sri Balusu, 22 Mad. (PC) 398, the question arose whether an only son could be given in adoption. The Mitakshara forbids the giving of an only son in adoption.
Here is your Essay on the Basis and Purposes of Adoption: An ancient Hindu sage (Atri) mentioned the purposes of taking a son in adoption to be the securing of (1) Pindodaka Kriya, i.e. offering of pindas, oblation of food and Udaka i.e., libations of water by the adopted son to the adopter and his […]
(i) Among Sudras: The Dattaka ceremony consists in a giving of the child in adoption by a person competent to do so and receiving of the child in adoption by a person who has capacity to adopt. In Lakshmi Singh v. Smt. Rupkunwar, AIR 1961 SC 1378, the child of A was sent by A […]
(a) A Hindu female of thirty years adopts a minor boy of twelve years.
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