In a post igot this! is it true?
Querist :
Anonymous
(Querist) 14 August 2011
This query is : Resolved
Dear Experts of the Forum,
Please clarify the following reading retrieved by me from a Blog!
EXTRACT :-
"FEMALE CHILD CANNOT BE TAKEN ON ADOPTION
ADOPTION VALIDITY
AIR 2006 SC 3275, M. Gurudas & Ors. VS Rasaranjan & Ors.
To prove valid adoption, it would be necessary to bring on records that there had been an actual giving and taking ceremony. Performance of `datta homam' was imperative, subject to just exceptions.
Regarding the question whether adoption of a daughter was permissible in law, it appears that trial Judge missed the last sentence of the passage of Mayne's Treatise on Hindu Law and Usage "it is now settled that the adoption of a daughter is invalid under the Hindu law." In section 480 of the treatise, it is stated that the person to be adopted must be a male.
Mayne's Treatise on Hindu Law and Usage, 13th edition, pages 429-430: "Adoption of daughters Nandapandita in his Dattaka Mimamsa would construe 'putra' (or son) as including a daughter and he draws the inference that on failure of a daughter, a daughter of another could be adopted. He supports his conclusion by referring to ancient precedents, such as the adoption of Shanta, the daughter of King Dasaratha by King Lomapada and the adoption of Pritha or Kunti, the daughter of Sura by Kunti Bhoja. This view is sharply criticized by Nilakantha in the Vyavahara Mayukha. It is now settled that the adoption of a daughter is invalid under the Hindu law."
In Mulla's Principles of Hindu Law, 17th edition, page 710, it is stated: "488. Ceremonies relating to adoption (1) The ceremonies relating to an adoption are (a) the physical act of giving and receiving, with intent to transfer the boy from one family into another; (b) the datta homam, that is, oblations of clarified butter to fire; and (c) other minor ceremonies, such as putresti jag (sacrifice for male issue). (2) They physical act of giving and receiving is essential to the validity of an adoption; As to datta homam it is not settled whether its performance is essential to the validity of an adoption in every case. As to the other ceremonies, their performance is not necessary to the validity of an adoption. (3) No religious ceremonies, not even datta homam, are necessary in the case of Shudras. Nor are religious ceremonies necessary amongst Jains or in the Punjab."
Thanking YOU ALL in advance for your OPINION/S.
prabhakar singh
(Expert) 14 August 2011
Hindu Adoptions And Maintenance Act, 1956
SECTION 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.
11 Other conditions for a valid adoption
In every adoption, the following conditions must be complied with:
(i) if the adoption is of a son, the adoptive father or mother by whom adoption is made must not have a Hindu son, son's son or son's son's son (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption)living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty -one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more person;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth 1[or in case of an abandoned child or child whose parentage is not known, from the place or family where it has been brought up] to the family of its adoption:
PROVIDED that the performance of datta homam shall not be essential to the validity of adoption.
In U.P. it can now take place only by a bilaterally signed registered deed between parents taking and giving in adoption.
Querist :
Anonymous
(Querist) 14 August 2011
OFFF....Still further confuses.....
prabhakar singh
(Expert) 15 August 2011
What i have posted is the law in operation and what you read at blog is old law applicable prior to codification.
AND in case you still get confused ,then better never seek any interest in this field .
Querist :
Anonymous
(Querist) 15 August 2011
Please don't misunderstand me.
My Query is ""FEMALE CHILD CANNOT BE TAKEN ON ADOPTION".is it true in the present context?
