Section 11,12 HAMA – Adoption By Widow – Family Of Adopted Child

On adoption by a widow, the adopted son or daughter is deemed to be a member of the family of the deceased husband of the widow – the said provisions of the HAMA Act, 1956 determine the rights of a son adopted by a Hindu widow only vis-à-vis his adoptive family – Shri Ram Shridhar Chimurkar vs Union of India | SLP (C) 21876 of 2017 | 17 Jan 2023 |  2023 LiveLaw (SC) 40

Referred to :

Sitabai vs. Ramchandra, A.I.R. 1970 SC 343 ; (1970) 2 S.C.R. 1 : It is clear on a reading of the main part of Section 12 and Sub-section (vi) of Section 11 that the effect of adoption under the Act is that it brings about severance of all ties of the child given in adoption in the family of his or her birth. The child altogether ceases to have any ties with the family of his birth. Correspondingly, these very ties are automatically replaced by those created by the adoption in the adoptive family. The legal effect of giving the child in adoption must therefore be to transfer the child from the family of its birth to the family of its adoption. The scheme of Sections 11 and 12, therefore, is that in the case of adoption by a widow the adopted child becomes absorbed in the adoptive family to which the widow belonged. In other words the child adopted is tied with the relationship of sonship with the deceased husband of the widow.

Sawan Ram vs. Kalawanti, 1967 SCR (3) 687 : A.I.R. 1967 SC 1761

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