Hindu Adoptions and Maintenance Act, 1956

Section 15 - Valid Adoption Not to Be Cancelled

Section 15 of the Hindu Adoptions and Maintenance Act, 1956 gives finality to an adoption that has been validly made under the Act. Once the legal requirements for a valid adoption are satisfied, the adoption cannot simply be cancelled by an adoptive parent, another person, or by the adopted child.

Text of Section 15

15. Valid adoption not to be cancelled.

No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth.

Meaning of Section 15

The section applies where an adoption has been validly made. That expression is important because the validity of an adoption depends on compliance with the requirements contained in Chapter II of the Act. In particular, Section 6 states the requisites of a valid adoption, while Sections 7 to 11 deal with capacity, persons capable of giving a child in adoption, persons who may be adopted, and other statutory conditions.

Where those requirements are met and the adoption is legally valid, Section 15 prevents a later unilateral cancellation. The adoptive father or mother cannot cancel it; another person cannot cancel it; and the adopted child cannot renounce the adopted status merely to return to the family of birth.

Key Points

  • Section 15 concerns an adoption that has already been validly made.
  • A valid adoption cannot be cancelled by the adoptive father or adoptive mother.
  • No other person can cancel such a valid adoption.
  • The adopted child cannot renounce his or her adopted status and return to the family of birth.
  • The provision should be read with the statutory requirements governing a valid adoption, especially Sections 6 to 11.

Relationship with Other Adoption Provisions

Section 12 deals with the effects of adoption, including the legal relationship created from the date of adoption. Section 13 preserves the adoptive parents' power to dispose of their property subject to an agreement to the contrary. Section 14 determines the adoptive mother in specified situations, and Section 16 addresses the statutory presumption relating to registered adoption documents.

Important Distinction: Cancellation and Validity

Section 15 bars the cancellation of an adoption which has been validly made. The section therefore should not be read as declaring every claimed adoption valid merely because an adoption is asserted. Where validity itself is disputed, the requirements of the Act governing a valid adoption remain relevant. Section 15 operates after the adoption satisfies the law.

About the Act

The Hindu Adoptions and Maintenance Act, 1956 is Act No. 78 of 1956. It was enacted on 21 December 1956 to amend and codify the law relating to adoptions and maintenance among Hindus. Section 15 forms part of Chapter II, which deals with adoption.

Legal note: This page provides the statutory text and a general explanation for legal information. The application of the provision to a particular dispute depends on the facts, evidence, and other applicable provisions of law.