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Principle: Under the Hindu Adoptions and Maintenance Act, I956, no person shall be capable of being taken in adoption unless he or she is a Hindu, he or she not already been adopted, 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, and 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 take in adoption.
Facts: Vijay being natural father had given Tarun, a boy aged 10 years. in adoption to Manoj in March 2010 in accordance with the Hindu Adoptions and Maintenance Act, 1956. In May 2o12 Manoj gave Tarun in adoption to Sanjay.
Subsequently in December 2013, Sanjay gave Tarun in adoption to Vijay.
Adoption of Tarun by Sanjay is valid
Adoption of Tarun by Vijay is valid
Adoption of Tarun by Manoj is valid
None of the above adoptions is valid I
As per the principle one of the conditions of taking a child is that the child has not already been adopted. Therefore, only the first adoption shall be valid.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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