Case: Validity of Adoption

Facts of the Case:

• A’, a Hindu male aged around 40 years, adopted a daughter aged about 17 in 1980.

Issues in the Case:

• Is the adoption by A’ valid under the Hindu Adoption and Maintenance Act?

Principle:

• The Hindu Adoption and Maintenance Act provides the legal framework for adoption among Hindus in India.
• Section 7 of the Act specifies the capacity of a male Hindu to adopt a child, subject to certain conditions.
• The Act mandates that the adoptive father must be at least 21 years older than the adoptive daughter, and vice versa.

Judgement:

• According to Section 7 of the Hindu Adoption and Maintenance Act, any male Hindu of sound mind and not a minor has the capacity to adopt a child without the consent of anyone.
• If the adoptive father is married and has a living wife, her consent is necessary for the adoption.
• The conditions for a person to be adopted include being Hindu, not previously adopted, generally unmarried (unless custom permits), and having completed 15 years of age.
• Another crucial condition is that if the adoption is by a male and the person to be adopted is a female, the adoptive father must be at least 21 years older than the adoptive daughter.
• In the given scenario, all the requisites of a valid adoption are fulfilled.
• The age difference between A’ (40 years) and the female to be adopted (17 years) is 23 years, exceeding the required 21 years as mandated by the Act.

Based on the facts presented and the provisions of the Hindu Adoption and Maintenance Act, the adoption by A’ of the daughter aged about 17 is valid under the law.