Pursuant to matrimonial differences, a couple H and W sought and obtained divorce by mutual consent. They had a daughter... Critically examine the validity of the adoption in light of the Hindu Adoptions and Maintenance Act, 1956.
Find the question and answer of Hindu Law only on Legal Bites.
Question: Pursuant to matrimonial differences, a couple H and W sought and obtained divorce by mutual consent. They had a daughter. According to the settlement entered into as between the two, the mother W would maintain the child and she would not claim maintenance for the child and in return the father H relinquished the custody and visitation rights or any meeting rights with the two years old daughter for all times to come. Two years pursuant to the divorce and the mutual agreement,...
Question: Pursuant to matrimonial differences, a couple H and W sought and obtained divorce by mutual consent. They had a daughter.
According to the settlement entered into as between the two, the mother W would maintain the child and she would not claim maintenance for the child and in return the father H relinquished the custody and visitation rights or any meeting rights with the two years old daughter for all times to come.
Two years pursuant to the divorce and the mutual agreement, W married H-l and thereupon, she gave the daughter through a registered adoption deed to the second husband H-l without seeking the consent of her biological father H. Critically examine the validity of the adoption in the light of relevant provisions of the Hindu Adoptions and Maintenance Act, 1956.
Find the question and answer of Hindu Law only on Legal Bites. [Pursuant to matrimonial differences, a couple H and W sought and obtained divorce by mutual consent. They had a daughter. According to the settlement entered into as between the two, the mother W would maintain the child and she would not claim maintenance for the child and in return the father H relinquished the custody and visitation rights or any meeting rights with the two years old daughter for all times to come. Two years pursuant to the divorce and the mutual agreement, W married H-l and thereupon she gave the daughter through a registered adoption deed to the second husband H-l without seeking the consent of her biological father H. Critically examine the validity of the adoption in the light of relevant provisions of the Hindu Adoptions and Maintenance Act, 1956.]
Answer
According to the Hindu Adoptions and Maintenance Act, 1956, adoption is a legal process that creates a permanent relationship between the adoptive parent and the child. Section 7 of the Act provides that adoption is prohibited if the adoptee already has a living parent unless the parent has completely and finally renounced the world or has abandoned the child or has been declared by a court of competent jurisdiction to be of unsound mind.
In this case, W, the biological mother, gave her two-year-old daughter to her second husband H-l without seeking the consent of her biological father H, who had relinquished his custody and visitation rights over the child pursuant to the settlement entered into between H and W during their divorce by mutual consent.
Since H had not abandoned the child, and he had not given his consent to the adoption, the adoption would be illegal and invalid under the Hindu Adoptions and Maintenance Act, 1956. Furthermore, W's agreement not to claim maintenance for the child does not mean that she can give up her parental rights over the child and transfer custody without the consent of the father.
Therefore, the adoption would be null and void, and the biological father H would still have his parental rights over the child. If H wishes to seek custody or visitation rights, he can approach the court to enforce his rights under the law.
Mayank Shekhar
Mayank is an alumnus of the prestigious Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.
