The Hindu Adoptions and Maintenance Act,1956
10. Persons who may adopted.-
No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely :-
(i) he or she is Hindu,
(ii) he or she not already been adopted.
(iii) 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.
(iv) 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.
COMMENTS
Capacity to adopt
(i) Adoption of boy more than 15 years of age and married is not illegal on account of non-compliance of section 10(iii) and 10(iv) of the Act provided such custom or usages is prevalent in a community; Hanmant Laxman Salunke (D) by L.Rs. v. Shrirang Narayan Kanse, AIR 2006 Bom 123.
(ii) The plaintiff being married and above 30 years of age could not prove any custom or usage being observed openly, continuously and uniformly thereby gaining the force of law in his Digamber Jain community which could validate his adoption; Nemichand Shantilal Patni v. Basantabai, AIR 1994 Bom 235.
