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Report No. 133

4.8. Natural guardian of an adopted son and adopted daughter.-

In the Hindu Minority and Guardianship Act of 1956, a provision has been made for the natural guardianship of an adopted son who is a minor. Subsequent to the enactment of the said Act, the Hindu Adoptions and Maintenance Act of 1956 for the first time has enabled the adoption of a daughter. Till then, a Hindu could adopt only a son and not a daughter. In view of the change brought about by the Hindu Adoptions and Maintenance Act of 1956, it has become necessary to provide for the natural guardianship of both an adopted son and an adopted daughter. As at present, section 7 of the Hindu Minority and Guardianship Act, 1956, provides:-

"7. Natural guardianship of adopted son.-The natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother."

There is, therefore, a lacuna in section 7 as it is presently worded. In order to apply the principle of section 7 as regards natural guardianship of an adopted child, it would be appropriate to amend the provision so as to apply to an "adopted son" as also to an "adopted daughter" who is a minor. If is also necessary to bring the section in line with the first recommendation in order to accord an equal treatment both to the father as also to the mother. In place of the expression "to the adoptive father and after him to the adoptive mother", it would be in the fitness of things to provide "to the adoptive father and to the adoptive mother jointly and severally".

4.9. In the light of this discussion, we now proceed to make the recommendations in the next Chapter.



Removal of Discrimination against Women in matters relating to Guardianship and Custody of Minor Children and elaboration of the Welfare Principle Back




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