Question

LEGAL PRINCIPLES:

1. Bigamy is not permitted under Hindu law.
2. A Hindu of sound mind can adopt a child of the gender they don’t already have a child of.
3. Only the child’s father, mother, or guardian has the capacity to give the child up in adoption, under Hindu law.

FACTUAL SITUATION: Ramesh comes from a family where from the past two generations; all male members have had two wives. He also wants to continue this tradition and thus he married Suman first and then Tania. Ramesh has a son, Gunjan with Suman. However, with Tania, he is childless. He thus wishes to adopt some children. Rajat is the child of Ramesh’s brother. However, Rajat’s parents decide to go off to Dubai for 5 years and they leave their son under the care of Ramesh’s sister. Ramesh and Tania ask for Rajat in adoption from his sister who agrees and Rajat is adopted. Later, Ramesh and Suman want to adopt a daughter as well and they do adopt a girl - Sara -from an orphanage. However, at the time of signing the adoption deed, Ramesh was dead drunk. Ramesh and his entire family member are Buddhists. Keeping in mind the given principles and facts, solve the questions Is Rajat’s adoption a valid adoption?

DECISION:

पर्याय

• No, because Ramesh already has a son.  

• No, because Ramesh’s sister has no authority to give  Rajat up in adoption. 

• Yes, it is a valid adoption because Ramesh has no child with Tania, and Ramesh’s sister is Rajat’s guardian for 5  years at least.  

• Both 'No, because Ramesh already has a son' and 'No, because Ramesh’s sister has no authority to give  Rajat up in adoption'.

Answer 1

Both 'No, because Ramesh already has a son' and 'No, because Ramesh’s sister has no authority to give  Rajat up in adoption'.

Explanation:

There are two conditions in the present scenario ie; a couple can adopt a child of either gender if the couple does not have any child, or when a couple has a child-like in the above case, then they can have a child of another gender (not same gender) but They Can't adopt same gender child. As Ramesh already has a male child he cannot adopt a child of the same gender. Secondly, Ramesh's sister does not have the right to give Rajat in adoption because Rajat's parents are alive and he is given in care of his Aunt. Therefore, her Aunt doesn't have the authority to give Rajat in adoption whatsoever.