3. In the Hindu Adoptions and Maintenance Act, 1956 (hereafter in this Chapter referred
to as the Hindu Adoptions and Maintenance Act), for section 8, the following section shall
be substituted, namely:—
"8. Any female Hindu who is of sound mind and is not a minor has the capacity
to take a son or daughter in adoption:
Provided that, if she has a husband living, she shall not adopt a son or daughter
except with the consent of her husband unless the husband 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.".
4. In the Hindu Adoptions and Maintenance Act, in section 9,—
(i) for sub-section (2), the following sub-section shall be substituted, namely:—
"(2) Subject to the provisions of sub-section (4), the father or the mother,
if alive, shall have equal right to give a son or daughter in adoption:
Provided that such right shall not be exercised by either of them save with
the consent of the other unless one of them 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.";
(ii) sub-section (3) shall be omitted.
