Child adoption above age 15
payal
(Querist) 16 June 2014
This query is : Resolved
Dear Resp
My father had been adopted at the age of 17 in 1990. At that point of time none of my relatives were aware of the Indian law under which only child under age of 15 can be adopted.
Does this adoption stand invalid or there is some law for rural people who do not know proper laws.
Your reply will be of great use, Please respond to this query.
Devajyoti Barman
(Expert) 16 June 2014
The adoption is valid if the same is done through customary means.
payal
(Querist) 16 June 2014
It has all relevant documents like"God nama" and registered legally.
Sankaranarayanan
(Expert) 16 June 2014
yes it will become valid only by way of customary means otherwise it is invalid
ajay sethi
(Expert) 16 June 2014
Clause (iv) of Section 10 of Hindu Adoption and Maintenance Act, 1956 provides that a person to be adopted should not have completed the age of 15 years. But there is also an exception that if there is a custom or usage applicable to the parties permitting persons who have completed the age of 15 years being taken in adoption, such a person could also be validly adopted.
Rajendra K Goyal
(Expert) 17 June 2014
Not a valid adoption if no custom or usages is applicable with the parties.
payal
(Querist) 17 June 2014
Isn't there is some law under which peasants of some caste which has been recognized as illiterate are allowed to get relaxation in this law because here we are talking about adoption in 1980 in yadav community
Dr J C Vashista
(Expert) 18 June 2014
Very well explained and advised by expert Sh. Sudhir Kumar,I agree with his opinion.
Hindu Adoption and Maintenance Act, 1956 shall prevail over the custom (if any)and the adoption shall be invalid, if it was there in the year 1980.
Prima facie this is an academic query and hypthetic circumstance
payal
(Querist) 27 June 2014
What if a person is unaware of the laws and he goes to the court and court personals make legal documents of adoption of the child and after more than 30 years court is saying it is not valid. Why did not legal representative of court denied the adoption at the first place. How is that a mistake of a person when law representative themselves were ignorant.
Dr J C Vashista
(Expert) 27 June 2014
1. Services of a professional are hired for the purpose which a client do not know. The experts of this platform can just advise to some extent. Engage local lawyer, if not yet. However, I agree with Sh. Sudhir Kumar ignorace of law is not an excuse.
2. You are wrong in stating that "court personal make legal documents of adoption" Court person do not make any legal document but interpret the document with respect to its validity.
