Bombay High Court allows widow to adopt under HAMA 1956
India
The Bombay High Court just made it clear: a Hindu widow doesn't need her late husband's consent to adopt a child under the Hindu Adoptions and Maintenance Act (HAMA), 1956.
This came up in a case where a woman adopted in 1971, and her late husband's relatives tried to block it, arguing they should get the family property instead.
Court explains Sections 8 and 12
The court explained that HAMA overrules older Hindu laws, so customs that say a widow needs her husband's approval don't apply anymore.
Section eight of HAMA lets widows adopt on their own, and Section 12 makes sure the adopted child is fully part of the family, with the deceased husband recognized as their father.
The court also told the trial court to sort out any pending property disputes quickly.