Question:medium

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

Show Hint

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: Jun 8, 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
Show Solution

The Correct Option is A

Solution and Explanation

Step 1: Identify the law.
The question is about the Hindu Adoptions and Maintenance Act, 1956. Section 7 says a married Hindu male needs his wife's consent before he can adopt a child.

Step 2: Look at the proviso.
The proviso to Section 7 lists situations where the wife's consent is not needed. These are when she has ceased to be a Hindu, has finally and completely renounced the world, or has been declared of unsound mind by a competent court.

Step 3: Match the options to the proviso.
Among the options, ceasing to be a Hindu by conversion is one of the listed grounds where her consent is unnecessary. So that fits the law exactly.

Step 4: Why living separately is not enough.
Living separately without a legal separation does not remove the consent requirement. The marriage still stands in law, so her consent is still needed.

Step 5: Why mere disagreement does not work.
If she simply refuses out of personal disagreement, that does not dispense with consent either. The husband cannot adopt over her valid objection just because they disagree. So none of the above is wrong because option (A) is correct.

Step 6: Conclude.
Consent is unnecessary when she has ceased to be a Hindu by conversion.
\[ \boxed{\text{She has ceased to be a Hindu by conversion.}} \]
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