Adoption in Hindu Law Essay

2685 WordsDec 5, 201311 Pages
Adoption Adoption: Adoption is the transplantation of a son from the family in which he is born, to another family where he is given by the natural parents by way of gift. The adopted son is then taken as being born in the new family and acquires rights, duties and status there only and his ties with the old family come to an end. When a Hindu gives a boy in adoption , this act is according to the Hindu Shastras, in the nature of a sacred gift voluntarily made. A daughter given in marriage, which is called kanyadan and a son given in adoption, which is called putradan, stand in this respect on the same footing. Both are gifts for religious and secular purposes. Objects of adoption: Adoption is twofold: 1. the first is religious to secure spiritual benefit to the adopter and his ancestors by having a son for the purpose of offering funeral cakes and libations of water to the manes of the adopter and his ancestors; 2. the second is secular to secure an heir and perpetuate the adopter’s name. Different forms of adoption: According to Hindu law adoption is of two kinds: 1. dattaka, i. e., son given in adoption; 2. Kritima, i.e., son made. The dattaka form is prevalent all over the subcontinent including Bangladesh while the latter is prevalent in some parts of India only. The kritima form of adoption differs from dattaka only in this, that in the latter the boy is given in adoption by his natural parents or either of them, whereas in kritima form the consent of the boy only is necessary who should therefore be destitute of his parents, in all other respects there is no difference between the two forms. Essentials of a valid adoption: No adoption is valid unless- • the person adopting is lawfully capable of taking in adoption; • the person giving in adoption is lawfully capable of giving in adoption; • the person adopted

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