Code: Section 14 – Determination of Adoptive Mother in Certain Cases
Section 14 of the Hindu Adoptions and Maintenance Act outlines who is considered the adoptive mother in various scenarios. The law specifies distinct cases depending on whether the adoptive father is married, widowed, or unmarried, as well as on the number of wives he may have.
Explanation of Section 14 – Determination of Adoptive Mother in Certain Cases
- Wife of a Hindu Adopting a Child:
When a Hindu man adopts a child and has a wife living, she will automatically be considered the adoptive mother. This applies even if the child is adopted by the husband alone, as long as the wife has not renounced the family or ceased to be a Hindu. - Multiple Wives in Case of Adoption:
If a man with more than one wife adopts a child, the senior-most wife (in terms of marriage) will be deemed the adoptive mother, while the other wives will be regarded as step-mothers of the adopted child. This helps establish clear family roles and responsibilities. - Widower Adopting a Child:
If a widower (a man whose wife has passed away) or an unmarried man adopts a child, any subsequent wife he marries will be considered the step-mother of the adopted child. The child will retain their adopted relationship with the widower as their father. - Widow or Unmarried Woman Adopting a Child:
In the case where a widow or unmarried woman adopts a child, if she later marries, her husband will be regarded as the step-father of the adopted child. This provision helps in establishing the legal standing of the child’s relationship with the new family members.
Illustration
To better understand Section 14, let’s consider an example:
- Example 1: A Hindu man has one wife, and he adopts a child. In this case, his wife will be the adoptive mother of the child.
- Example 2: If the same man has two wives, and both give their consent to the adoption, the senior-most wife will be the adoptive mother, and the other wife will be the step-mother.
- Example 3: If a widowed man adopts a child and later marries a woman, this woman will become the step-mother to the adopted child.
Common Questions and Answers
1. Who is considered the adoptive mother if a Hindu man has more than one wife?
If a Hindu man adopts a child and has more than one wife, the senior-most wife in marriage will be deemed the adoptive mother, and the others will be considered step-mothers.
2. What if a widow adopts a child?
If a widow adopts a child and later remarries, the new husband will be regarded as the step-father of the adopted child.
3. Can an unmarried man adopt a child, and who will be considered the adoptive mother?
An unmarried man can adopt a child, and the adoption process does not immediately establish a mother figure unless the child is later cared for by a step-mother, if the man marries.
Conclusion
Section 14 of the Hindu Adoptions and Maintenance Act helps define the family roles of the adoptive mother and step-parents in situations where the adoptive father is married, has multiple wives, or is a widower. It clarifies that the senior-most wife in the case of multiple wives is the adoptive mother, while subsequent marriages to either parent result in the newly married person being the step-parent.
