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THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 · ADOPTION

Section 8 — Capacity of a female Hindu to take in adoption

Any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption:
Provided that , if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless the husband has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.]