Section 11 of HAM Act : Section 11: Other Conditions For A Valid Adoption

Explanation using Example

Let's consider a hypothetical scenario to understand the application of Section 11 of The Hindu Adoptions and Maintenance Act, 1956:

Raj and Sunita are a married couple without children. They wish to adopt a child. They meet a 6-year-old boy named Arjun at an orphanage and decide to adopt him.

Here's how Section 11 applies:

• Raj and Sunita do not have a biological or adopted son, so they meet the requirement of clause 1 for adopting a son.
• Since they are adopting a son, the condition in clause 2 regarding the adoption of a daughter does not apply.
• Raj is 35 years old and Arjun is 6, satisfying the age difference requirement of clause 3, as Raj is more than twenty-one years older than Arjun.
• Clause 4 does not apply as the adoptive parent is male and the child is also male.
• Arjun is not being adopted by anyone else, so clause 5's condition is met.
• Arjun is being given and taken in adoption with the intent to transfer him from the orphanage (his current place of upbringing) to Raj and Sunita's family, which meets the requirement of clause 6.

Furthermore, Raj and Sunita are informed that the performance of datta homam, a ritual, is not required for the adoption to be valid, as per the proviso to Section 11.

Therefore, Raj and Sunita can legally adopt Arjun under the Hindu Adoptions and Maintenance Act, 1956, as all the conditions specified in Section 11 are satisfied.