Adoption Questions and Answers

Q: Under the Hindu Adoptions and Maintenance Act, 1956, which situation makes the consent of a wife unnecessary for adoption ?

Consent is unnecessary where she has ceased to be a Hindu by conversion.The proviso to Section 7 of the Hindu Adoptions and Maintenance Act, 1956 requires a married Hindu male to obtain his wife's consent to an adoption unless she has completely and finally renounced the world, has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.A refusal based on personal disagreement does not dispense with consent; it simply means the adoption cannot proceed. Living separately without a decree of judicial separation leaves her still a wife whose consent is required. 'None of the above' fails because conversion is one of the listed exceptions.

Q: Under the Hindu Adoptions and Maintenance Act, 1956 who among the following cannot be adopted:-

The person who cannot be adopted is an already adopted child.Section 10 of the Hindu Adoptions and Maintenance Act, 1956 lays down who may be adopted: the person must be a Hindu, must not already have been adopted, must not be married (unless a custom permits it), and must not have completed fifteen years of age (again unless custom permits).So being a Hindu, being a minor and being unmarried are all conditions that a child must satisfy, not grounds that bar adoption. A child who has already been adopted has passed into the adoptive family and cannot be adopted again, which is why that option is the answer.

Q: Doctrine of Relation Back results to :

The doctrine means that a son adopted by a widow under her husband's authority is deemed adopted on the day the husband died.Under the old Hindu law, an adoption by a widow related back to the date of her husband's death, so the adopted son was treated as if he had been born to the husband before he died. He could therefore divest estates that had vested in others in the meantime.The Hindu Adoptions and Maintenance Act, 1956 abolished the doctrine: Section 12(c) provides that an adopted child shall not divest any person of an estate vested before the adoption. The other options, about married couples and their forefathers or the backdating of alienations, do not describe the doctrine.

Q: A, a Hindu male during his bachelorhood adopts a son P. After some period, he marries B. He did not have any son from B, and hence adopts another son Q.Which one of the following statements is correct ?

P's adoption is valid and Q's adoption is invalid.Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu male of sound mind who is a major may adopt, and a bachelor may do so, so the adoption of P is valid. But section 11(i) forbids adopting a son if the adopter has a Hindu son, son's son or son's son's son living at the time, and an adopted son counts as a son for this purpose. When Q was adopted, P was a living son, so Q's adoption is invalid.Having no son by B makes no difference, since P is legally his son, which rules out the other three options.

Q: Which one of the landmark cases decided by the Supreme Court of India highlighted the fact that Indian children of tender age are under the guise of adoption exposed to long journey, risk to their lives and such children during the course of time become beggars or prostitutes for want of proper care.

The case is Laxmikant Pandey Vs. Union of India (1984).Acting on a letter complaining about malpractice in the adoption of Indian children by foreigners, the Supreme Court noted that children were exposed to long journeys and risks, and sometimes ended up as beggars or prostitutes. It laid down detailed safeguards for inter-country adoption, which later formed the basis of the CARA guidelines.Baburao Mane and Sita Bai v. Ramchandra concern the validity and effect of adoption under Hindu law. Narinderjit Kaur is not the case on inter-country adoption abuse.

Q: 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:

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.

Q: Which of the following is not an essential for a female Hindu to adopt a child ?

The consent of her parents is not required.Under section 8 of the Hindu Adoptions and Maintenance Act, 1956 (as amended in 2010), any female Hindu who is of sound mind and is not a minor may adopt a son or daughter. If she is married, she needs her husband's consent, unless he has renounced the world, ceased to be a Hindu or been declared of unsound mind.So soundness of mind, majority and (for a married woman) the husband's consent are all conditions, but the consent of her parents is not.

Under the Hindu Adoptions and Maintenance Act, 1956, which situation makes the consent of a wife unnecessary for adoption ?

A.She has ceased to be a Hindu by conversion.
B.She refuses consent due to personal disagreement.
C.She is living separately without legal separation.
D.None of the above

Exam Year(s)

AIBE - 2026,

Answer: A

Consent is unnecessary where she has ceased to be a Hindu by conversion.

The proviso to Section 7 of the Hindu Adoptions and Maintenance Act, 1956 requires a married Hindu male to obtain his wife's consent to an adoption unless she has completely and finally renounced the world, has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.

A refusal based on personal disagreement does not dispense with consent; it simply means the adoption cannot proceed. Living separately without a decree of judicial separation leaves her still a wife whose consent is required. 'None of the above' fails because conversion is one of the listed exceptions.

Discuss in Forum

Under the Hindu Adoptions and Maintenance Act, 1956 who among the following cannot be adopted:-

A.A Hindu.
B.Already adopted child.
C.A minor.
D.An unmarried child.

Exam Year(s)

Rajasthan High Court Civil Judge - 2018, Rajasthan Judicial Service - 2018,

Answer: B

The person who cannot be adopted is an already adopted child.

Section 10 of the Hindu Adoptions and Maintenance Act, 1956 lays down who may be adopted: the person must be a Hindu, must not already have been adopted, must not be married (unless a custom permits it), and must not have completed fifteen years of age (again unless custom permits).

So being a Hindu, being a minor and being unmarried are all conditions that a child must satisfy, not grounds that bar adoption. A child who has already been adopted has passed into the adoptive family and cannot be adopted again, which is why that option is the answer.

Discuss in Forum

Doctrine of Relation Back results to :

A.Adoption of a son by a widow under the authority of her husband is deemed to have been adopted on the day the husband died
B.The relation between the married couple to their forefathers
C.The alienation of property becomes valid from the back date of alienation
D.None of the above

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: A

The doctrine means that a son adopted by a widow under her husband's authority is deemed adopted on the day the husband died.

Under the old Hindu law, an adoption by a widow related back to the date of her husband's death, so the adopted son was treated as if he had been born to the husband before he died. He could therefore divest estates that had vested in others in the meantime.

The Hindu Adoptions and Maintenance Act, 1956 abolished the doctrine: Section 12(c) provides that an adopted child shall not divest any person of an estate vested before the adoption. The other options, about married couples and their forefathers or the backdating of alienations, do not describe the doctrine.

Discuss in Forum

A, a Hindu male during his bachelorhood adopts a son P. After some period, he marries B. He did not have any son from B, and hence adopts another son Q.

Which one of the following statements is correct ?

A.P's adoption is valid, Q's adoption is invalid
B.Adoption of both P and Q are valid
C.Adoption of P is invalid and adoption of Q is valid
D.Adoption of both P and Q is invalid

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: A

P's adoption is valid and Q's adoption is invalid.

Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu male of sound mind who is a major may adopt, and a bachelor may do so, so the adoption of P is valid. But section 11(i) forbids adopting a son if the adopter has a Hindu son, son's son or son's son's son living at the time, and an adopted son counts as a son for this purpose. When Q was adopted, P was a living son, so Q's adoption is invalid.

Having no son by B makes no difference, since P is legally his son, which rules out the other three options.

Discuss in Forum

Which one of the landmark cases decided by the Supreme Court of India highlighted the fact that Indian children of tender age are under the guise of adoption exposed to long journey, risk to their lives and such children during the course of time become beggars or prostitutes for want of proper care.

A.Baburao Marutrao Mane Vs. Ramchandra Balasaheb Mane
B.Narinderjit Kaur Vs. Union of India
C.Laxmikant Pandey Vs. Union of India
D.Sita Bai Vs. Ramchandra

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: C

The case is Laxmikant Pandey Vs. Union of India (1984).

Acting on a letter complaining about malpractice in the adoption of Indian children by foreigners, the Supreme Court noted that children were exposed to long journeys and risks, and sometimes ended up as beggars or prostitutes. It laid down detailed safeguards for inter-country adoption, which later formed the basis of the CARA guidelines.

Baburao Mane and Sita Bai v. Ramchandra concern the validity and effect of adoption under Hindu law. Narinderjit Kaur is not the case on inter-country adoption abuse.

Discuss in Forum

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:

A.Valid
B.Invalid
C.Voidable at the option of the daughter on her attaining majority
D.Permissible by the order of the court

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

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.

Discuss in Forum

Which of the following is not an essential for a female Hindu to adopt a child ?

A.Soundness of mind
B.Age of majority
C.Consent of her husband
D.Consent of her parents

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: D

The consent of her parents is not required.

Under section 8 of the Hindu Adoptions and Maintenance Act, 1956 (as amended in 2010), any female Hindu who is of sound mind and is not a minor may adopt a son or daughter. If she is married, she needs her husband's consent, unless he has renounced the world, ceased to be a Hindu or been declared of unsound mind.

So soundness of mind, majority and (for a married woman) the husband's consent are all conditions, but the consent of her parents is not.

Discuss in Forum

Loading…

Adoption Questions and Answers

Topics

Other Subjects

About Us

Adoption Questions and Answers

Topics

Other Subjects

About Us

Stay informed about all important Dates & Notifications