Unit VII · Topic 7Adoption, guardianship and acknowledgement – Previous Year Questions

Ans. (a) : Mother's custody of child

Explanation: The right of guardianship of the body of minor boys and minor girls is called Hizanat. In Muslim law, Hizanat relates to a mother's custody of her child. Under Hanafi law, the mother is entitled to Hizanat (custody) until the son reaches the age of 7 years or until the daughter reaches puberty.

Ans. (d) : All of above

Explanation: According to Section 9 of the Hindu Adoption and Maintenance Act 1956, a child can be given in adoption by the mother, father or guardian.

Ans. (c) : Hindu Law

Explanation: Adoption of children is legally recognised under Hindu law. Provisions in this regard have been made in the Hindu Adoption and Maintenance Act from Sections 6 to 17. A Hindu male can adopt under Section 7 and a Hindu female can adopt under Section 8.

Ans. (b) : Father

Explanation: According to Section 6 of the Hindu Minority and Guardianship Act 1956 — the father is the natural guardian of a minor son and an unmarried minor daughter. After the father, the mother becomes the natural guardian of such minors.

Ans. (b) : valid

Explanation: According to the Hindu Adoption and Maintenance Act 1956, adoption of the wife's sister's daughter's son will be valid because Section 10 mentions the person who can be adopted, i.e., he must be Hindu and must not have been previously adopted and must not have completed the age of 15 years.

Ans. (d) : Mithila

Explanation: Kritrim (artificial) adoption is prevalent in the Mithila region of India.

Ans. (c) : He or she must consent to adoption

Explanation: Under Section 10 of the Hindu Adoption and Maintenance Act 1956, the conditions for being adopted are as follows: (i) He/she must be Hindu. (ii) He/she must not have been previously adopted. (iii) He/she must not have been married (except by custom or practice). (iv) He/she must not have completed the age of 15 years (except by custom or practice). Therefore the consent of the person being adopted is not necessary for adoption.

Ans. (c) : A-3, B-1, C-2, D-4

Explanation:

Gujarat Women's Workers Association v. Union of India — Uniform Civil Code

Humara Bibi v. Zubaida Bibi — Dower (Mahr)

Anwari Begum v. Ziauddin — Triple Talaq

Bai Tahira v. Ali Hussain Fissalli — Maintenance

Ans. (a) : Valid

Explanation: According to Section 8 of the Hindu Adoption and Maintenance Act 1956, a widow can independently adopt a child without the consent of anyone because her husband has already died. Therefore a junior widow can adopt without the consent of the senior widow.

Ans. (c) : Madras and Bombay

Explanation: In the states of Madras and Bombay, a widow could adopt a child without her husband's consent before the Hindu Adoption and Maintenance Act 1956, but otherwise according to Section 8 of this Act, the consent of the husband is mandatory.

Ans. (a) : 2, 1, 3, 4

Explanation: According to the Shia school, the chronical order of persons entitled to Hizanat of a minor child will be — (1) Mother (2) Father (3) Grandfather (4) Grandmother

Here are all the extracted questions, answers and explanations in English:

In which of the following cases, a child could not be a 'Hindu' under the Hindu Marriage Act, 1955?

Only one parent is a Hindu and the child was brought up as a Hindu

If after the birth of a child both the parents convert to Buddhism

Only one parent is Jain and the child was not brought up as a Jain

Ans. (b) : III and IV

Explanation: According to the explanation of Section 2 of the Hindu Marriage Act 1995, the following persons are Hindu by religion as the case may be — (A) Any child, whether legitimate or illegitimate, both of whose parents are Hindu, Buddhist, Jain or Sikh. (B) A person who has been brought up as a member of the tribe, community, group or family of a progenitor who is or was a Hindu, Buddhist, Jain or Sikh, and any person who has embraced or re-embraced Hindu, Buddhist, Jain or Sikh religion.

Ans. (c) : 1, 2 and 3 Explanation: Under Section 9 of the Hindu Adoptions and Maintenance Act, 1956, when a Hindu father wishes to give a child in adoption, the consent of the mother is ordinarily required. However, this consent can be dispensed with in three specific situations: (1) she has been declared of unsound mind by a competent court, (2) she has finally and completely renounced the world (entered sanyas), or (3) she has ceased to be a Hindu by converting to another religion. Age less than 18 years is not a ground prescribed under the Act to dispense with the mother's consent, making Statement 4 incorrect.

Ans. (d) : Githa Hariharan v. Reserve Bank of India Explanation: In Githa Hariharan v. Reserve Bank of India (1999), the Supreme Court gave a landmark purposive interpretation to Section 6 of the Hindu Minority and Guardianship Act, 1956. The court held that a Hindu mother can act as the natural guardian of her minor child even during the lifetime of the father, if the father is not taking due care of the child. This interpretation upheld gender equality and the best interests of the child over a strict literal reading of the provision.

Ans. (c) : 1, 2 and 3 Explanation: Under Section 9 of the Hindu Adoptions and Maintenance Act, 1956, the consent of the mother can be dispensed with if she has been declared of unsound mind by a competent court, has renounced the world completely, or has ceased to be a Hindu. Age less than 18 years is not a ground to dispense with mother's consent.

Ans. (d) : Githa Hariharan v. Reserve Bank of India Explanation: In Githa Hariharan v. Reserve Bank of India (1999), the Supreme Court held that a Hindu mother can act as natural guardian of her minor child during the lifetime of the father if the father is not taking due care of the child, giving a purposive interpretation to Section 6 of the Hindu Minority and Guardianship Act, 1956.

Ans. (b) : 2 and 4 Explanation: Statement 2 is incorrect — once an adoption is made, it is irrevocable and cannot be cancelled even by natural parents (Section 15). Statement 4 is incorrect — Section 11 of the Hindu Adoptions and Maintenance Act, 1956 expressly provides that performance of datta homam ceremony is NOT necessary for a valid adoption. Hence both statements 2 and 4 are incorrect.

Ans. (a) : (1), (3) and (4) only Explanation: Under Section 2 of the Hindu Marriage Act, 1955, a child is Hindu if: both parents are Hindu (4); only one parent is Hindu and the child is brought up as Hindu (1); or if the father converts after the child's birth, the child retains Hindu status (3). If only one parent is Hindu but the child is not brought up as Hindu (2), the child is not Hindu by religion.

Under the provisions of the Hindu Marriage Act, 1955 the decree of Judicial Separation:

dissolve the marriage

does not dissolve the marriage bond but only suspends marital rights and obligations during the subsistence of the decree

the parties continue to be husband and wife but not obligated to live together and neither party is free to marry

Ans. (c) : 2 is correct and 1, 3 and 4 are incorrect Explanation: Under Section 10 of the Hindu Adoptions and Maintenance Act, 1956, a child who has already been adopted cannot be given in adoption again. This is an absolute bar. Neither natural parents' consent nor court permission can override this. Therefore, Statement 2 (cannot be given in adoption) is the only correct statement.

Ans. (a) : A-3, B-1, C-4, D-2 Explanation: Section 18 deals with maintenance of wife. Section 19 deals with maintenance of widowed daughter-in-law. Section 20 deals with maintenance of children and aged parents. Section 22 deals with maintenance of dependants of the deceased Hindu.

Ans. (a) : A-2, B-1, C-4, D-3 Explanation: Under the Hindu Minority and Guardianship Act, 1956: Section 9 deals with testamentary guardians and their powers. Section 6 specifies natural guardians of a Hindu minor. Section 13 declares welfare of minor as paramount consideration. Section 11 prohibits de facto guardian from dealing with minor's property.

Ans. (a) : (1), (2) and (4) are correct but (3) is incorrect Explanation: Under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, a married Hindu male requires the consent of his wife before adopting. If he has more than one wife, consent of all wives is required (Statements 1 and 2 correct). In case of a voidable marriage, the wife's consent is necessary as the marriage is still subsisting (Statement 4 correct). However, in case of a void marriage, since the marriage has no legal existence, the wife's consent is not required (Statement 3 is incorrect).

Ans. (b) : 2, 1, 3, 4 Explanation: Under Muslim law, in default of the mother and female relatives, the right of custody (Hizanat) passes to male relatives in the following order of priority: first the Father, then the Nearest paternal grandfather (how high so ever), then the Full brother, and then the Consanguine brother. The father has the primary right among male relatives, followed by the paternal grandfather, then brothers.

Ans. (c) : Legitimate or adopted Hindu son, son's son or Son's Son's son Explanation: Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu male can adopt a male child only if he has no son, son's son, or son's son's son — whether by legitimate birth or by adoption — living at the time of adoption. The word "son" here includes both legitimate and adopted sons. This rule prevents a person who already has a male heir (biological or adopted) in three generations from adopting another male child.

Ans. (b) : 2, 1, 3 Explanation: Under Muslim law, in the matter of Hizanat (custody), after the mother fails, the right of custody passes to female relatives in the following order of priority: first the Mother's mother (how so ever high), then the Father's mother (how so ever high), then the Full sister, then the consanguine sister, then the uterine sister, and so on. The maternal grandmother takes priority over the paternal grandmother in the order of custody under Muslim personal law.

Ans. (a) : 1 and 4 are correct, but 2 and 3 are incorrect Explanation: Under Section 8 of the Hindu Adoptions and Maintenance Act, 1956, a married Hindu female can adopt only with the consent of her husband. Statement 1 is correct. In case of a void marriage, since the marriage has no legal existence, the husband's consent is not required — Statement 2 is incorrect. In case of a voidable marriage, since it is still subsisting until annulled, the husband's consent is necessary — Statement 3 is incorrect. If the husband has converted to another religion (like Islam), he ceases to be a Hindu and his consent is therefore not required — Statement 4 is correct.

Ans. (a) : (A) and (R) are true and (R) is correct explanation of (A) Explanation: In Armugha Udyar v. Paliyammal (1967), the Supreme Court affirmed that in Mithila school of Hindu law, a widow cannot adopt at all even if she has express authority from her husband. This is in contrast to Bengal, Benaras and Madras schools where a widow can adopt with the consent or authority of her husband. The Reason correctly explains the Assertion by noting that the authority from husband is what would otherwise enable adoption — but in Mithila this exception does not exist.

Ans. (c) : Mother's custody of child Explanation: Hizanat under Muslim law refers specifically to the right of custody of a minor child, which primarily vests in the mother. Under both Sunni and Shia law, the mother has the primary right of custody — for a male child up to the age of 7 years, and for a female child until puberty (15 years) under Sunni law. The mother's right of Hizanat continues even after divorce as long as she does not remarry. After the mother, the right passes to female relatives and then male relatives in a prescribed order.

Ans. (c) : Both (A) and (R) are correct Explanation: Assertion A is correct — under Section 9(1) of the Hindu Adoptions and Maintenance Act, 1956, only the father, mother, or guardian of a child has the capacity to give that child in adoption. No other person has this right. Reason R is also correct — under Section 10(ii) of the Act, a child who has already been adopted cannot be given in adoption again (no re-adoption). Both statements are independently correct provisions of the Act.

Ans. (b) : A-3, B-4, C-1, D-2 Explanation: Under the Hindu Adoptions and Maintenance Act, 1956: Section 18 deals with maintenance of wife. Section 19 deals with maintenance of widowed daughter-in-law. Section 22 deals with maintenance of dependants (after the death of the Hindu). Section 23 prescribes the amount of maintenance to be awarded by the court.

Ans. (c) : (A) is true, but (R) is false Explanation: Assertion A is correct — Section 12 of the Hindu Adoptions and Maintenance Act, 1956 provides that an adopted child shall be deemed to be the child of his adoptive father or mother for all purposes from the date of adoption, and all ties with the family of birth are severed. Reason R is false — once adopted, the adoption is irrevocable. The adopted child cannot renounce the status of adopted child on attaining 21 years and return to the birth family. The principle of "once adopted always adopted" applies under the Act.

Ans. (a) : 1 and 3 Explanation: Statement 1 is correct — Section 7 of the Hindu Adoptions and Maintenance Act, 1956 deals with the capacity of a Hindu male to take in adoption. Statement 3 is correct — Section 12 deals with the effects of adoption, providing that the adopted child becomes the child of the adoptive parents from the date of adoption. Statement 2 is incorrect — Section 15 (not Section 13) deals with a valid adoption not being cancelled. Statement 4 is incorrect — Section 13 (not Section 15) deals with the right of adoptive parents to dispose of their properties.

Ans. (c) : C and D only Explanation: Under Section 6 of the Hindu Adoptions and Maintenance Act, 1956, the conditions precedent for a valid adoption are: the adopter must have the capacity and right to take in adoption (A is a condition — correct), the child must be eligible for adoption (B is a condition — correct), and the adoption must comply with other conditions in the chapter. The giver's capacity (C) is not listed as a separate condition precedent under Section 6. Datta-homam (D) was expressly abolished as a mandatory requirement under Section 11 of the Act. Hence C and D are NOT conditions precedent.

Ans. (a) : Both A and R are correct and R is the correct explanation of A Explanation: Section 11(i) of the Hindu Adoptions and Maintenance Act, 1956 expressly provides that if the adoption is of a son, the adoptive father or mother must not have a Hindu son, son's son or son's son's son — whether by legitimate blood or by adoption — living at the time of adoption. Assertion A correctly states this rule and Reason R correctly identifies Section 11(i) as its statutory basis. Both are correct and R properly explains A.

Ans. (d) : Statement I is incorrect but Statement II is correct Explanation: Statement I is incorrect — Section 9(1) of the Hindu Adoptions and Maintenance Act, 1956 provides that the father, mother, OR guardian of a child has the capacity to give the child in adoption. The guardian can also give a child in adoption with court permission, so it is not limited to only the father or mother. Statement II is correct — Section 11(v) expressly provides that the same child cannot be adopted simultaneously by two or more persons. Hence Statement I is wrong and Statement II is correct.

Ans. (b) : As per Section 14(4) of the Hindu Adoption and Maintenance Act 1956, where an unmarried woman adopts a child, any husband whom she subsequently marries shall be deemed to be the stepfather of the adopted child.

Ans. (b) : In Muslim law, Sariri is the stage in which the age of the boy or girl is above 7 years but below 15 years. In this stage, the consent of the boy or girl for marriage is not valid. However, the marriage can be validly contracted by the guardian. Explanation of other stages — Saghir: when the age of the boy or girl is below 7 years; marriage in this stage is void ab initio. Bulugh: when the age of the boy or girl is above 15 years; in this stage they can marry of their own will.

Ans. (c) : In the case of Gita Hariaran V/s R.B.I. (1999), the Supreme Court held that a mother can be a natural guardian in certain circumstances even in the presence of the father.

Ans. (d) : In the case of Habibur Rahman V/s Altaf Ali (1922 PC), it was held that the Doctrine of Acknowledgement is a part of the substantive Muslim Law of Inheritance and not a rule of Evidence.

Ans. (b) : The correct matching of List I with List II is as follows: A. Natural guardian of a Hindu minor — Section 6, Hindu Minority and Guardianship Act 1956 B. Powers of natural guardian — Section 8, Hindu Minority and Guardianship Act 1956 C. Testamentary guardian and their powers — Section 9, Hindu Minority and Guardianship Act 1956 D. Welfare of minor to be paramount — Section 13, Hindu Minority and Guardianship Act 1956

Answer: (a) (A)-(II), (B)-(IV), (C)-(1), (D)-(II)

Answer: (b) be the step mother of that adopted child

Answer: no single key (see the note below)

Explanation: Note from the source: none of the options matches; the correct combination is A and D. (Given answer: (d) Guardian by Affinity) The Act does not recognize a guardian by affinity and Guardian for Marriage. It recognizes natural, testamentary, de facto, and court-appointed guardians.

Answer: (a) B, E only

Explanation: • B is incorrect: Consent of wife is mandatory unless exempted.

• E is incorrect: A major cannot be adopted.

• Other statements are true under Hindu Adoption and Maintenance Act.

Answer: (b)

Answer: (c) Kamini, a Hindu widow aged 23 years adopts her brother's daughter aged 2½ years

Explanation: Under the Hindu Adoptions and Maintenance Act (HAMA), 1956, an adoption must fulfill all essential statutory conditions laid down in Sections 7, 8, 10, 11, and 15:

• Why Option (c) is Valid:

o Capacity (Section 8): Any female Hindu who is of sound mind and is not a minor (i.e., above 18 years of age) has the capacity to take a son or daughter in adoption. As a 23-year-old widow, Kamini possesses full legal capacity to adopt. o Who May Be Adopted (Section 10): The child being adopted must be a Hindu, must not already have been adopted, must not be married (unless permitted by custom), and must not have completed the age of 15 years. A 2½-year-old female child satisfies all these requirements. o Age Difference Requirement (Section 11(iv)): If a female adopts a male child, she must be at least 21 years older than the child. However, since Kamini (female) is adopting a female child, the 21-year age gap rule is not applicable. Thus, Option (c) fully satisfies all statutory requirements under HAMA, 1956.