adoption above 15 yers boy
Querist :
Anonymous
(Querist) 19 June 2011
This query is : Resolved
A boy of more than 15 years living wid her grand mother,his parents agree to give adoption to his grandmother,in all his documents grandfather`s name added.his grand father expired.now his grandmother wanted to take adoption of him,can court grant adoption over 15 years,if parties give affidavit in which mention that there is custom in their community,is it admissible ?
Devajyoti Barman
(Expert) 19 June 2011
Mere mention of customs is not enough if it is casually made.
The statements must be supported by presence of strong proof of customs.
prabhakar singh
(Expert) 20 June 2011
The following provision makes grand mother empowered to take one in adoption:
8. Capacity of a female Hindu to take in adoption- Any female Hindu-
(a) who is of sound mind,
(b) who is not a minor, and
(c) who is not married, or if married, whose marriage has been dissolved or
whose husband is dead or 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,
has the capacity to take a son or daughter in adoption.
And following is the requirement for one to b adopted;
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 a 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.
Jitendar Kumar gupta
(Expert) 20 June 2011
yes.the adoption may be valid and legal adoption if it is mentioned the the adoption was taken palace before.
Guest
(Expert) 21 June 2011
i AGREE THE SAME WITH EXPERTS
