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Article Published in the Express Magazine Dated
September 30,
2001
General Attorney : Rajiv K. Luthra
My husband and I have three children and I am
expecting a fourth one. My Hindu sister, who is
married, wants to adopt the baby. She has one
daughter and cannot have more children. We are a
Hindu family. Is an adoption legal? What are the
provisions that have to be followed?
Sudeepa Chopra, Lucknow
The adoption should follow the provisions under
the Hindu Adoption and Maintenance Act, 1956. From
your query it appears that your sister intends to
adopt the child. A female Hindu has the capacity
to take a son or daughter in adoption only if she
is of sound mind, is not a minor, and is not
married. If she is married, she would be capable
to adopt a child if the marriage has been
dissolved or if the husband is dead, has
completely and finally renounced the world, has
ceased to be a Hindu or has been declared by a
court of competent jurisdiction to be of unsound
mind. On the other hand any male Hindu who is of
sound mind and is not a minor, has the capacity to
take a son or a daughter in adoption. In case he
has a wife living, he shall adopt only with the
consent of his wife. Therefore, your
brother-in-law instead of your sister should adopt
the child provided he is capable according to the
Act and the above conditions are fulfilled.
Further the adoptive father or mother by whom the
adoption is made must not have a Hindu child
living at the time of adoption, which is of the
same sex as the adoptive child. If the adoption is
by a male and the person to be adopted is a
female, the adoptive father has to be at least
twenty-one years older than the person to be
adopted. The child to be adopted must be actually
given and taken in adoption by the parents
concerned or under their authority with intent to
transfer the child from the family of its birth to
the family of its adoption. A formal ceremony is
not essential any more. But the law requires that
the natural parent shall hand over the adoptive
child and the adoptive parent shall receive it
personally.
It is advisable for you, to create an adoption
deed, though such document is not essential for a
valid adoption. The document must purport to
record an adoption, which has taken place, and it
must be registered. The document must be signed by
the giver and the taker of the child in adoption.
Further, stamp duty on the deed recording an
adoption has to be paid.
My father was a government servant and died
while in service, eight years ago. I am now ready
to take on a job and want to take up a government
job. Can I claim one on the grounds of
compassionate employment?
Ketan Kumar, Dehradun
You may consider yourself lucky if the government
grants you employment on the basis of a claim made
on compassionate grounds, since eight years is
fairly a long period. As per a ruling of the
HonŽble Supreme Court, compassionate employment
cannot be granted after a lapse of a reasonable
period, which period must be specified in the
applicable Rules. The consideration for such
employment is not a vested right, exercisable at
any time in the future. The object behind this
rule is to enable a family to tide over the
financial crisis faced by it at the time of the
death of the sole breadwinner. Compassionate
employment cannot be claimed and offered whatever
the lapse of time may be and after the crisis is
over.
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