PERSONAL LAWS (AMENDMENT) ACT, 2010

Sun Feb 27 2022 | Family and Inheritance | Comments (0)

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Year : 2010

[31st August, 2010.]

PREAMBLE

An Act further to amend the Guardians and Wards Act, 1890 and the Hindu Adoptions and Maintenance Act, 1956.

Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

 Section -1 Short title

This Act may be called the Personal Laws (Amendment) Act, 2010.

Section -2 Amendment of section 19 of Act 8 of 1890

In section 19 of the Guardians and Wards Act, 1890, for clause (b), the following clause shall be substituted, namely:

(b) Of a minor, other than a married female, whose father or mother is living and is not, in the opinion of the court, unfit to be guardian of the person of the minor, or".

Section -3 Substitution of new section for section 8

In the Hindu Adoptions and Maintenance Act, 1956(78 of 1956) (hereafter in this Chapter referred to as the Hindu Adoptions and Maintenance Act), for section 8, the following section shall be substituted, namely:

8. Capacity of a female Hindu to take in adoption any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption:

Provided that, if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless the husband 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.

Section -4 Amendment of section 9

In the Hindu Adoptions and Maintenance Act, in section 9:
(i) for sub-section (2), the following sub-section shall be substituted, namely:-

(2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption:

Provided that such right shall not be exercised by either of them save with the consent of the other unless one of them 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.

(ii) Sub-section (3) shall be omitted.

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