Question Details

Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.


PRINCIPLE: Under the Hindu Adoptions and Maintenance Act, 1956, 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 2012 Manoj gave Tarun in adoption to Sanjay. Subsequently in December 2013, Sanjay gave Tarun in adoption to Vijay.

Options

A

Adoption of Tarun by Sanjay is valid

B

Adoption of Tarun by Vijay is valid

C

Adoption of Tarun by Manoj is valid

D

None of the above adoptions is valid.

Show Answer

Correct Answer :

Option C

Adoption of Tarun by Manoj is valid

Solution :

The correct option is Adoption of Tarun by Manoj is valid.

Step-by-Step Explanation:

1. Understanding the Principle:
Under the Hindu Adoptions and Maintenance Act, 1956, the legal principle states four key conditions for a person to be capable of being taken in adoption:
- The person must be a Hindu.
- The person must not have already been adopted.
- The person must not be married (unless custom permits).
- The person must not have completed 15 years of age (unless custom permits).

2. Evaluating Each Adoption Event:
- March 2010 (Adoption of Tarun by Manoj): Tarun was 10 years old (under 15) and was being adopted for the first time by Manoj from his natural father Vijay. All conditions of the principle were satisfied. Therefore, the adoption of Tarun by Manoj is valid.
- May 2012 (Adoption of Tarun by Sanjay): Tarun had already been adopted by Manoj in 2010. The principle explicitly bars any person who has already been adopted from being taken in adoption again. Hence, this adoption is invalid.
- December 2013 (Adoption of Tarun by Vijay): This subsequent adoption is likewise invalid because Tarun had already been adopted previously.

3. Conclusion:
Applying the principle strictly to the facts, only the initial adoption carried out in March 2010 (by Manoj) is valid under the law.

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