Section 10 HAMA: Persons who may be adopted

Section 10 of Hindu Adoptions & Maintenance: Persons who may be adopted

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:—

(i) he or she is a Hindu;

(ii) he or she has not already been adopted;

(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;

(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.

Legal Commentary & Landmark Judgments: Section 10

Section 10 of the Hindu Adoptions and Maintenance Act, 1956 defines the statutory qualifications and conditions for a person who may be adopted.

Core Statutory Requirements: The person to be adopted must be a Hindu, must not have been already adopted, and must not be married unless an ancient custom permits.
Age Limit of Fifteen Years: The child must not have completed fifteen years of age, unless there is a custom or usage applicable to the parties which permits persons over fifteen to be taken in adoption.
Customary Exceptions: Custom permitting adoption of married persons or persons over 15 years must be established by strict evidence of ancient, continuous, and uniform local practice.

Section 10 sets the legal boundaries for the adoptee, establishing strict age and marital status limits while preserving recognized regional customs.

Key Landmark Precedents:

Param Pal Singh v. National Insurance Co. (2013) 3 SCC 409: The Supreme Court held that while the general statutory ceiling for adoption is 15 years, a custom permitting adoption of a person above 15 years can be recognized if established by consistent, ancient, and reliable evidence within that specific community.
Maya Ram v. Jai Narayan (1989) 1 SCC 736: The Supreme Court reiterated that an adoption of an individual aged above fifteen years is void unless protected by a valid custom; the burden of pleading and proving such customary exception rests squarely upon the claimant.

Legal Commentary:

The 15-year age limit and single status under Section 10 are vital legal filters. In adult adoption cases (often executed between relatives to circumvent succession or land ceiling laws), courts rigorously examine whether the alleged custom permitting adoption of married or adult persons has been judicially recognized or proven through historical instances in the community.

Section 10: Persons who may be adopted

Section 10 of Hindu Adoptions & Maintenance: Persons who may be adopted

Legal Commentary & Landmark Judgments: Section 10