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Report No. 81

5.5. Adoption.-

In order to complete our survey, it Would be appropriate to deal in brief with the position regarding adoption. Section 5 of the Act of 1856 does not specifically mention adoption nor is it referred to in sections 2, 3 and 4. However, it is proper to point out that the right of a Hindu widow to give or to take in adoption is now exclusively governed by the Hindu Adoptions and Maintenance Act1, and there can, at the present day, be no question of relying on section 5 of the Act of 1856 for determining questions as to that right in the context of re-marriage.

1. Sections 7,8,9 and 14(c), Hindu Adoptions and Maintenance Act, 1955 and para. 5.5, infra.

Hindu Widows Re-marriage Act, 1856 Back

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