Section 14: Determination of adoptive mother in certain cases

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956

Legal Commentary & Landmark Judgments: Section 14

Section 14 provides statutory rules for determining the legal status of an adoptive mother where a Hindu male with a wife, multiple wives, or as a bachelor/widower adopts a child under HAMA.

  • Male Adopting with Consenting Wife: Where a Hindu male who has a wife living adopts a child, the wife is deemed to be the adoptive mother of the child.
  • Plural Wives Rule: Where adoption is made with the consent of more than one wife, the senior-most in marriage is deemed to be the adoptive mother, and the others are deemed step-mothers.
  • Bachelor or Widower Subsequent Marriage: Where a bachelor or widower adopts a child, any woman he subsequently marries is deemed to be the step-mother of the child.
  • Widow or Unmarried Female Subsequent Marriage: Where a widow or unmarried female adopts a child, any man she subsequently marries is deemed to be the step-father.
Key Landmark Precedents:
  • Sawan Ram v. Kalawanti (1967) 3 SCR 687: The Supreme Court held that an adoption by a widow is not only an adoption to herself but also to her deceased husband; the adopted child becomes a member of the deceased husband's family.
  • Sitabai v. Ramchandra (1969) 2 SCC 544: Affirmed Sawan Ram, holding that an adopted child by a widow is deemed to be the son of the deceased husband for all succession and coparcenary purposes.
Courtroom Practice & Strategic Litigation Guidance:

In succession and mutation disputes, apply Section 14 to trace the maternal line of inheritance. An adopted child inherits from the adoptive mother determined under Section 14, but does not inherit as a direct statutory heir from a step-mother.