Adoption of child of 16 years
Ghanshyam Adv.
(Querist) 26 May 2009
This query is : Resolved
Resp. members,
Whether a child of age 16 years can be adopted in hindus? Will it be legal? If yes any caselaw please.
Thanks.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 26 May 2009
As per Hindu Adoption n Maintenance Act, the age for adoption is 15 years. So a child, who is aged about 16 years can not be adopted, as per law.
M. PIRAVI PERUMAL
(Expert) 26 May 2009
Adoption of child above 15 years is not valid and sustainable.
Prakash Yedhula
(Expert) 26 May 2009
If customs prevails, then it is legal as per the following judgments:
1.The person above the age of 15 years cannot be given in adoption and if there is some custom permitting that the same must be strictly pleaded and proved-Mahalingam v. Kannayyar AIR 1990 Mad. 333. 1989 (2) MLJ 3441
2. Existence of custom be it family or tribal custom having its applicability to the parties concerned whereby the adoption of a person married or of the age of more than 15 years is permitted, is all that is required to be established by the provision of section 10 so as to make adoption valid.-Maya Ram v. Jai Narian 1989 (1) HLR 352
SANJAY DIXIT
(Expert) 26 May 2009
I agree with the views made by Mr Yedul prakash. If the custom permitting then the adoption of child even more than 15 years will be legal.
Hausabai vs. Jijabai (AIR 1972 Bom. 98)
The court held in the judgment that where it is proved that there was a customary rule for adoption of child more than 15 years; then the adoption of child more than 15 years will be legal.
It was also held by Bombay H.C. that if such type of adoption is allowed by any lesson, rule or interpretation, then it will be accepted either it is proved by any custom or not.
Ghanshyam Adv.
(Querist) 26 May 2009
Thanks to all of you resp. experts.
A V Vishal
(Expert) 26 May 2009
Dear Ghanshyam,
According to the Hindu Adoption and Maintenance Act, S.10
10 Persons who may be adopted
No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:-
(i) he or she is Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
However, there is a bar imposed by this s. 10 and that being a married person cannot be adopted. But the case is different where there is some custom among Jats of Punjab and Haryana in having a legal sanction and judicially recognised where under the custom permits the adoption of married person-Amar Singh V.Tej Ram 1982 (84 )Punj LR 2387
The person above the age of 15 years cannot be given in adoption and if there is some custom permitting that the same must be strictly pleaded and proved-Mahalingam v. Kannayyar AIR 1990 Mad. 333. 1989 (2) MLJ 3441
Existence of custom be it family or tribal custom having its applicability to the parties concerned whereby the adoption of a person married or of the age of more than 15 years is permitted, is all that is required to be established by the provision of section 10 so as to make adoption valid.-Maya Ram v. Jai Narian 1989 (1) HLR 352
Y V Vishweshwar Rao
(Expert) 27 May 2009
The Opinions of Lrd friends Mr Y Praksh and Mr Dixit and others , are correct
Where there is cumtom and it is proved & recognised by Law , the Adption of boy more than 15 years and married person is permitted .
