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Section 9 - Persons capable of giving in adoption : Hindu Adoptions and Maintenance Act 1956

 

Who is the Persons capable of giving in adoption? Section 9 of Hindu Adoptions and Maintenance Act, 1956

Section 9 of Hindu Adoptions and Maintenance Act 1956 : "Persons capable of giving in adoption"

9. (1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.

(2) Subject to the provisions of sub-section (3) and sub-section (4) the father, if alive, shall alone have the right to give in adoption, but such right shall not be exercised save with the consent of the mother unless the mother has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

(3) The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

(4) Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.

(5) Before granting permission to a guardian under sub-section (4), the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction.

Explanation : For the purposes of this section -

(i) the expression "father" and "mother" do not include an adoptive father and an adoptive mother;

(ia) "guardian" means a person having the care of the person of a child or of both his person and property and includes ?

(a) a guardian appointed by the will of the child's father or mother; and

(b) a guardian appointed or declared by a court; and

(ii) "court" means the city civil court or a district court within the local limits of whose jurisdiction the child to be adopted ordinarily resides.

 

HINDU ADOPTIONS AND MAINTENANCE ACT 1956

Section 2 - Application of Act

Section 3 - Definitions

Section 4 - Overriding effect of Act

CHAPTER II ADOPTION

Section 5 - Adoptions to be regulated by this Chapter

 

 

Section 6 - Requisites of a valid adoption

Section 7 - Capacity of a male Hindu to take in adoption

Section 8 - Capacity of a female Hindu to take in adoption

Section 9 - Persons capable of giving in adoption

Section 10 - Persons who may be adopted

 

 

Section 11 - Other conditions for a valid adoption

Section 12 - Effects of adoption

Section 13 - Right of adoptive parents to dispose of their properties

Section 14 - Determination of adoptive mother in certain cases

Section 15 - Valid adoption not to be cancelled

 

 

Section 16 - Presumption as to registered documents relating to adoption

Section 17 - Prohibition of certain payments

CHAPTER III MAINTENANCE

Section 18 - Maintenance of wife

Section 19 - Maintenance of widowed daughter-in-law

Section 20 - Maintenance of children and aged parents

Section 21 - Dependants defined

Section 22 - Maintenance of dependants

Section 23 - Amount of maintenance

Section 24 - Claimant to maintenance should be a Hindu

Section 25 - Amount of maintenance may be altered on change of circumstances

Section 26 - Debts to have priority

Section 27 - Maintenance when to be a charge

Section 28 - Effect of transfer of property on right to maintenance

CHAPTER IV REPEALS AND SAVINGS

Section 29 - Repeals

Section 30 - Savings

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