Question

Under the Hindu Adoption and Maintenance Act, 1956 a female Hindu has the capacity to take a son or daughter in adoption if:

• A. She is not married;
• B. She is married;
• C. She is widow and has no son or daughter but has a widowed daughter-in-law;
• D. She cannot adopt at all;

Hint:

Under the Hindu Adoption and Maintenance Act, 1956, a widow with no children but having a widowed daughter-in-law has the capacity to adopt.

Answer 1

The Correct Option is C

Step 1: Understanding the Hindu Adoption and Maintenance Act, 1956:
The Hindu Adoption and Maintenance Act, 1956 governs adoption by Hindus. The Act allows a female Hindu to adopt a son or daughter under certain conditions, including being a widow with no sons or daughters, but having a widowed daughter-in-law.
Step 2: Detailed Explanation of the Options:
- (A) She is not married: This is incorrect. The Act does not allow a female Hindu to adopt a child if she is not married, as adoption can only be performed by a married woman or a widow under specific conditions.
- (B) She is married: This is incorrect. While a married woman can adopt, it must be done with the consent of her husband under the Act.
- (C) She is widow and has no son or daughter but has a widowed daughter-in-law: This is the correct answer. The Act allows a widow with no children to adopt, and having a widowed daughter-in-law allows the adoption to proceed.
- (D) She cannot adopt at all: This is incorrect. The Act allows certain women, including widows, to adopt under specific conditions.
Step 3: Final Conclusion:
The correct answer is (C) She is widow and has no son or daughter but has a widowed daughter-in-law, as this is one of the conditions for adoption under the Hindu Adoption and Maintenance Act, 1956.