Family Law : Problems and Solutions - 2

1) In Hindu family 'A' dies leaving widow 'W' and a son 'S'. Subsequently 'S' dies leaving his own widow 'SW'. Prior to his death 'S' gives consent to an adoption by 'W' and prohibits 'SW' from adopting. Can 'W' adopt to her husband ?

Solution -

      This problem is governed by the rule in Bhoobun Moyee's case. In that case the daughter-in-law widow's adoption was invalid for want of express authority from her husband which was necessary under the Bengal school of Hindu law  by which she was governed. Still it was held that the mother-in-law's adoption was invalid.

The mother-in-law's power to adopt comes to an end in two contingencies :
(1) When her son has procreated a son or adopted a son

(2) When her son dies issueless but leaving his widow. It is true that when the daughter-in-law is in no position to continue the line either for want of express authority or because of positive prohibition by the husband, it would be a great hardship to deny to the mother-in-law the right to adopt to her husband and continue the line. But the Supreme Court has affirmed the rule in Bhoobun Moyee's case and so the conclusion is that the mother-in-law's power of adoption has come to an end and cannot be revived.


2) In Hindu Family 'A' dies leaving a widow and two sons. One son dies married and his widow dies shortly thereafter. The other son dies unmarried. Can A's widow adopt a son ?

Solution --

               According to Hindu Adoption and Maintenance Act 1956 -  The moment the son died leaving his own widow, the mother-in-law widow's power of adoption comes to an end. So A's widow cannot adopt.


3) A Hindu dies leaving a widow K and a son M, adult and married. M dies leaving a direction that no adoption should be made to him, but that his mother K may adopt. K adopts. Discuss the validity of the adoption.

Solution --

               According to Hindu Adoption and Maintenance Act 1956 - The adoption is not valid because the power to adopt has become extinct.