Discussion
Ms. A, an unmarried Hindu woman adopts a Hindu minor girl. After few years she marries. The husband is unwilling to accept her daughter. Ms. B the real sister of Ms. A now adopts that daughter who is still a minor. The adoption by Ms. B is:
Answer: B
The adoption by Ms. B is invalid.
Section 10(ii) of the Hindu Adoptions and Maintenance Act, 1956 says that a person may be adopted only if he or she has not already been adopted. Section 15 adds that a valid adoption cannot be cancelled by the adoptive parent or any other person. The girl is already Ms. A's adopted daughter, and Ms. A's later marriage does not undo that, so she cannot be given in adoption again.
The Act has no concept of an adoption voidable at the child's option, and a court cannot sanction what section 10 forbids.
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