1) In Hindu family 'A' dies leaving widow 'W' and a son 'S'. Subsequently 'S' dies leaving his own widow 'SW'. Prior to his death 'S' gives consent to an adoption by 'W' and prohibits 'SW' from adopting. Can 'W' adopt to her husband ?

Solution -

      This problem is governed by the rule in Bhoobun Moyee's case. In that case the daughter-in-law widow's adoption was invalid for want of express authority from her husband which was necessary under the Bengal school of Hindu law  by which she was governed. Still it was held that the mother-in-law's adoption was invalid.

The mother-in-law's power to adopt comes to an end in two contingencies :
(1) When her son has procreated a son or adopted a son

(2) When her son dies issueless but leaving his widow. It is true that when the daughter-in-law is in no position to continue the line either for want of express authority or because of positive prohibition by the husband, it would be a great hardship to deny to the mother-in-law the right to adopt to her husband and continue the line. But the Supreme Court has affirmed the rule in Bhoobun Moyee's case and so the conclusion is that the mother-in-law's power of adoption has come to an end and cannot be revived.


2) In Hindu Family 'A' dies leaving a widow and two sons. One son dies married and his widow dies shortly thereafter. The other son dies unmarried. Can A's widow adopt a son ?

Solution --

               According to Hindu Adoption and Maintenance Act 1956 -  The moment the son died leaving his own widow, the mother-in-law widow's power of adoption comes to an end. So A's widow cannot adopt.


3) A Hindu dies leaving a widow K and a son M, adult and married. M dies leaving a direction that no adoption should be made to him, but that his mother K may adopt. K adopts. Discuss the validity of the adoption.

Solution --

               According to Hindu Adoption and Maintenance Act 1956 - The adoption is not valid because the power to adopt has become extinct.

12 comments:

  1. Your content gives readers things to think about in an interesting way. Thank you for your clear information. ciudadania

    ReplyDelete
  2. Your content gives readers things to think about in an interesting way. Thank you for your clear information. ciudadania

    ReplyDelete
  3. Either way, the whole family is hurt by a divorce. Emotions and strengths of character are tested during the roller coaster ride of a divorce. By having emotions and feelings being hit so hard, a person going through a divorce should not have to deal with the legal issues pertaining to their case. child support

    ReplyDelete
  4. Recruit a family legal advisor who is solid and who will help you all through the lawful interaction when you consider partition or seeking legal separation. Such legal advisors can assist you with any blood related legitimate issues. It assists with employing a family legal advisor in any event, when lawful portrayal isn't needed, to make the entire interaction simpler and smoother.divorce lawyer

    ReplyDelete
  5. That is the excellent mindset, nonetheless is just not help to make every sence whatsoever preaching about that mather. Virtually any method many thanks in addition to i had endeavor to promote your own article in to delicius nevertheless it is apparently a dilemma using your information sites can you please recheck the idea. thanks once more.

    ReplyDelete
  6. That is the excellent mindset, nonetheless is just not help to make every sence whatsoever preaching about that mather. Virtually any method many thanks in addition to i had endeavor to promote your own article in to delicius nevertheless it is apparently a dilemma using your information sites can you please recheck the idea. thanks once more.family law solicitors

    ReplyDelete
  7. When your website or blog goes live for the first time, it is exciting. That is until you realize no one but you and your. https://www.paletteamps.com

    ReplyDelete
  8. You really want to know your privileges, obligations and obligations under the law. Just a legal counselor who has been held to address your inclinations can exhort you. Karp & Iancu

    ReplyDelete
  9. Family law is the branch of law which deals with all maters related to family unit and other domestic relations such as surrogacy and adoption, domestic partnerships, civil unions, marriage, divorce, child abduction, child abuse matters, child neglect, child maintenance, child adoption, paternity cases, child visitation rights, child custody, alimony, division of family property, etc. family law solicitors near me free consultation

    ReplyDelete
  10. افضل محامي أحوال شخصية جدة يبحث عنه الكثير يحتاجون مختص في قضايا الأحوال الشخصية والأسرية في جدة. افضل محامي أحوال شخصية جدة

    ReplyDelete
  11. As I was going through my divorce, I how important sound legal advice for divorce was because of how much strategy came into play. It reminded me of a chess game. Once the decision is made that divorce is inevitable, the game is on and you need someone experienced in the rules of the game. legal consultant dubai

    ReplyDelete
  12. I get good feelings every time I read your posts. I can enrich my knowledge.so happy to find good place too many here in the post. The writing is just great. Thanks for the post. advocates and legal consultants in dubai

    ReplyDelete

See Also..