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.

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.

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