Section 7 of HAM Act : Section 7: Capacity Of A Male Hindu To Take In Adoption
HAM Act
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Explanation using Example
Imagine a scenario where Mr. Sharma, a Hindu man who is 35 years old and of sound mind, wishes to adopt a child. Mr. Sharma is married to Mrs. Sharma, who is also of sound mind and practices Hinduism. According to Section 7 of The Hindu Adoptions and Maintenance Act, 1956, Mr. Sharma has the legal capacity to adopt a child. However, before proceeding with the adoption, he must obtain the consent of Mrs. Sharma. If Mrs. Sharma had renounced the world, was no longer a Hindu, or had been declared by a court to be of unsound mind, Mr. Sharma could adopt without her consent. Since none of these conditions apply, Mrs. Sharma's consent is mandatory for the adoption to be legally recognized.