Code: Section 7 – Capacity of a Male Hindu to Take in Adoption
Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption:
Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife 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.
Explanation.—If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso.
Explanation of Section 7 – Capacity of a Male Hindu to Adopt
Section 7 outlines who qualifies as a legally capable male adopter under Hindu law. It emphasizes not only individual eligibility but also the importance of the wife’s consent in a marriage.
Key Conditions for Valid Adoption by a Male Hindu:
1. He must be a Hindu.
2. He must be of sound mind.
3. He must be an adult (not a minor).
4. If married, he must obtain his wife’s consent unless she falls under specific exceptions.
When Wife’s Consent Is Not Required:
- If the wife has renounced the world completely and finally.
- If she has ceased to be a Hindu.
- If a court has declared her of unsound mind.
If the husband has more than one living wife, the law mandates consent from all unless one or more meet the exceptions above.
Illustration
Let’s consider a few examples to clarify:
- A 35-year-old married Hindu man wishes to adopt a child. He must get his wife’s consent unless she is legally insane, no longer a Hindu, or has renounced the world.
- A man with two wives wants to adopt a daughter. One wife is mentally sound, and the other has renounced the world. In this case, consent is needed only from the mentally sound wife.
- A 17-year-old boy tries to adopt. Since he is a minor, he is not eligible under Section 7.
Common Questions and Answers
1. Can a married Hindu man adopt without his wife’s consent?
Only under certain exceptions. If the wife is no longer a Hindu, has renounced the world, or is declared of unsound mind by a competent court, her consent is not required.
2. What if a man has more than one wife?
He must obtain the consent of all living wives unless any of them fall under the legally exempted categories mentioned in the proviso.
3. Is the adoption valid if the husband hides the wife’s disagreement?
No. If a wife’s consent was legally required but not obtained, the adoption may be declared invalid.
4. Can an unmarried man adopt?
Yes, as long as he is a Hindu, an adult, and of sound mind.
Conclusion
Section 7 ensures that the decision to adopt a child is not taken unilaterally in a marriage. It balances individual rights with spousal consent, reflecting the social and legal importance of mutual agreement in adoption. Any male Hindu who meets the capacity and legal requirements, and follows the necessary consent process, may validly adopt a child.
To learn more about adoption laws and rights under Hindu personal law, visit ApniLaw for expert insights.
