Question:medium

Under the Hindu Adoptions and Maintenance Act, 1956, which situation makes the consent of a wife unnecessary for adoption?

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Section 7: Wife's consent is mandatory for adoption by a husband, unless she is no longer Hindu, is of unsound mind (judicially declared), or has renounced the world!
Updated On: Jul 13, 2026
  • She has ceased to be a Hindu by conversion.
  • She is living separately without legal separation.
  • She refuses consent due to personal disagreement.
  • none of the above
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The Correct Option is A

Approach Solution - 1

The consent requirement in Section 7 exists to protect a wife's stake in decisions that affect her marital home, since bringing in an adopted child changes the family she is part of. That protection makes sense only for as long as she remains within the class of persons the statute is speaking about, a Hindu wife governed by this Act.

Conversion to another religion takes her outside that class altogether. Once she is no longer a Hindu, the statutory relationship the section is built around no longer holds in the same way, and the law lets the husband adopt without her consent, alongside two comparable situations, complete renunciation of worldly life or being of unsound mind, both of which similarly place her outside ordinary participation in family decisions.

Living separately is a different kind of fact altogether, it describes conduct within an ongoing marriage rather than a change in her status. The marriage, and her position as the legally recognised wife, continues exactly as before, so her consent is still needed no matter how the couple are currently living.

Personal disagreement is weaker still, it is simply the ordinary exercise of the very right the section gives her, and giving the husband a way around it would defeat the purpose of requiring consent in the first place.

Only a genuine change in her status, such as ceasing to be a Hindu, justifies dispensing with her say in the adoption.
\[ \boxed{\text{She has ceased to be a Hindu by conversion.}} \]
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Approach Solution -2

A useful way to sort through these options is to separate them into two kinds, a change in the wife's legal status versus ordinary conduct or feeling within a subsisting marriage, since only the first kind is what Section 7's proviso is built around.

  1. (A) She has ceased to be a Hindu by conversion: Conversion is a genuine change of personal-law status. It places her outside the religious framework that Section 7 was written for, and the proviso treats this exactly like the other status-changing grounds, complete renunciation of the world or unsoundness of mind. This option is correct.
  2. (B) She is living separately without legal separation: This is conduct, not status. Her legal position as the wife, and the protection Section 7 gives her, is untouched by where she happens to be living, so the requirement of consent survives unchanged. This option is incorrect.
  3. (C) She refuses consent due to personal disagreement: This is simply the exercise of her right under the section, a feeling or a decision, not a change in status, so it cannot be used to bypass the very protection the law gives her. This option is incorrect.
  4. (D) None of the above: Because option (A) is a true status change recognised by the statute, this residual option falls away.

Sorting the four options by whether they reflect an actual change in the wife's legal status shows that only conversion out of Hinduism qualifies, matching the statutory exception in Section 7.

Therefore, the correct answer is She has ceased to be a Hindu by conversion.

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