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Section 7: Natural guardianship of adopted son

Hindu Minority & Guardianship • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 6 All 13 Sections of Hindu Minority & Guardianship Section 8

Legal Commentary & Landmark Judgments: Section 7

Section 7 governs the natural guardianship of an adopted son, enacting that upon a valid adoption under HAMA, the natural guardianship of the child passes completely to the adoptive father and mother.

  • Transference of Natural Guardianship: The natural guardianship of an adopted son who is a Hindu passes, on adoption, to the adoptive father and after him to the adoptive mother.
  • Extinguishment of Biological Ties: Completely extinguishes the natural guardianship rights of the biological father and biological mother from the date of the adoption.
  • Harmonization with HAMA: Operates in tandem with Section 12 of HAMA, which severs all birth ties and transplants the child into the adoptive family.
Key Landmark Precedents:
  • Sawan Ram v. Kalawanti (1967) 3 SCR 687: The Supreme Court held that upon adoption, the child is legally reborn into the adoptive family; the adoptive parents become the sole natural guardians to the total exclusion of biological parents.
  • Sitabai v. Ramchandra (1969) 2 SCC 544: Affirmed that adoptive parents exercise exclusive statutory and custodial authority under Section 7 over the person and estate of the adopted child.
Courtroom Practice & Strategic Litigation Guidance:

If biological parents attempt to interfere with the custody, schooling, or property of an adopted child, invoke Section 7. Natural guardianship vests exclusively in the adoptive parents, and biological parents lack locus standi to maintain a Section 25 custody petition.

Section 6 All 13 Sections of Hindu Minority & Guardianship Section 8