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 HAMA: Wife's consent is mandatory unless she has renounced the world, ceased to be a Hindu, or has been declared of unsound mind by a court.
Updated On: Jul 13, 2026
  • She refuses consent due to personal disagreement.
  • She has ceased to be a Hindu by conversion.
  • She is living separately without legal separation.
  • None of the above
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The Correct Option is B

Approach Solution - 1

Section 7 of the Hindu Adoptions and Maintenance Act, 1956 can be approached by first fixing the general rule and then listing the closed set of exceptions the section actually provides, rather than guessing which everyday situation might qualify.

  1. The general rule: a married Hindu male needs his wife's consent to make a valid adoption, this protects her stake in decisions that affect the family.
  2. The closed list of exceptions: consent is dispensed with only where the wife has completely and finally renounced the world, or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind. These are the only three situations the statute recognises.
  3. Testing the everyday situations in the options: personal disagreement is not on this list, it is simply a disagreement, not a change in the wife's legal or religious status. Living separately without a formal legal separation also does not appear on the list.
  4. Testing conversion: ceasing to be a Hindu by conversion is one of the three items expressly named in the closed list.

Because the statute provides a fixed, narrow list of exceptions rather than a general any reasonable circumstance, only conversion among the given options actually appears on that list.

The correct answer is she has ceased to be a Hindu by conversion.

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Approach Solution -2

The two options describing an ongoing marriage without any formal change in status, personal disagreement and living separately, can be grouped and tested together against the one option describing an actual change in the wife's religious status, conversion.

  1. Why the no formal change options fail: both personal disagreement and living separately without legal separation leave the wife's legal position exactly as it was, she remains the husband's Hindu wife in the eyes of the law, with no decree of separation, divorce, or change of religion having occurred.
  2. Why conversion is different in kind: conversion out of Hinduism is not merely a strained relationship, it is a change in the wife's personal-law status itself. Since the Hindu Adoptions and Maintenance Act, 1956 applies to Hindus, a wife who has ceased to be a Hindu falls outside the class of persons whose consent the Act was designed to protect in the same way, which is precisely why the legislature carved this out as an express exception.
  3. Testing none of the above: this can only be correct if none of the listed situations actually appears in Section 7's exceptions. Since conversion does appear as a named exception, this residual option is ruled out.

Distinguishing between a mere strain in the marital relationship, which does not affect the consent requirement, and an actual change in personal-law status, which does, shows that conversion is the exception recognised by the Act.

So the correct answer is she has ceased to be a Hindu by conversion.

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