Vol. 14, Part I · pages 121–125

DR. AMBEDKAR AND THE HINDU CODE BILL 103 status or rights under this Code of the children of such marriage or of their descendants. 27. Saving of prior marriages. —A marriage solemnized between Hindus before the commencement of this Code, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid, by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different castes or sub-divisions of the same caste. 51. Savings. —(1) Nothing contained in this Part shall be deemed to affect any right conferred by the Madras Marumakkattayam Act, 1932 (Madras Act XXII of 1932) to obtain the dissolution of a sacramental marriage, whether solemnized before or after the commencement of this Code. (2) Nothing contained in this Part shall affect any proceeding under any other law for the time being in force for dissolution of marriage or for nullity of marriage or for judicial separation pending at the dale of the commencement of this Code, and any such proceeding may be continued and determined as if this Part IV, sec. 3, page 15 (Explanation.) Part IV, sec. 34, page 22, sec. 17, Bombay Act.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES104 Code had not been passed. (55) 51B. Saving of pending proceedings. —Nothing contained in this Part shall affect any proceeding under any other law for the time being in force

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES106 for the annulment of any marriage or for judicial separation pending at the date of the commencement of this Code, and any such proceeding may be continued and determined as if this Code had not been passed. (56) PART III-ADOPTION CHAPTER I Adoption generally 52. Prohibition of adoption in contravention of this Part. —(1) No adoption shall be made after the commencement of this Code by or to a male Hindu except in accordance with the provisions contained in this Part. (2) Except in the cases referred to in sub-section (2) of section 66, any adoption made in contravention of this Part shall be void. (3) An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he could not have acquired except by reason of the adoption nor destroy the rights of any person in the family of birth. (57) 53. Requisites of a valid adoption. —No adoption shall be valid unless— (i) the person adopting has the capacity, and also the right, to take in adoption; (ii) the person giving in adoption has the capacity to do so; (iii) the person adopted is capable of being taken in adoption; (iv) the adoption is completed by a physical giving and taking; and (v) the adoption complies with the other conditions mentioned in this Part. (58) Capacity to take in adoption 54. Capacity of a male Hindu to take in adoption. —Any male Hindu who is of sound mind and has completed the age of eighteen years has the capacity to take a son in adoption; Provided that a Hindu who has a wife living shall not adopt except with the consent of his wife or, if he has more than one wife, except with the consent of at least one of such wives, unless the wife or all

DR. AMBEDKAR AND THE HINDU CODE BILL 107 the wives, as the case may be, is or are incapable of giving consent. Explanation.—For the purposes of this section, a wife shall be deemed to be incapable of giving consent if she is of unsound mind or has not attained the age of eighteen years. PART III-ADOPTION CHAPTER I Adoption generally 52. Prohibition of adoption in contravention of this Part .—(1) No adoption shall be made after the commencement of this Code by or to a male Hindu except in accordance with the provisions contained in this Part. (2) Except in the case referred to in sub-section (2) of section 66, any adoption made in contravention of the provisions of this Part shall be void. (3) An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he could not have acquired except by reason of the adoption nor destroy the rights of any person in the family of birth. (56) 53. Requisites of a valid adoption. —No adoption shall be valid unless— (i) the person adopting has the capacity, and also the right, to take in adoption; (ii) the person giving in adoption has the capacity to do so; (iii) the person adopted is capable of being taken in adoption; (iv) the adoption is completed by a physical giving and taking; and (v) the adoption complies with the other conditions mentioned in this Part. (57) Capacity to take in adoption 54. Capacity of a male Hindu to take in adoption. — Any male Hindu who is of sound mind and has completed the age of eighteen years has the capacity to take a son in adoption: Provided that a Hindu shall not adopt except with the consent of his wife or, if he has more than one wife, except with the consent of at least one of such wives, unless the wife or all the wives, as the case may be, is or are incapable of giving consent. Part VI, secs. 1, 17, and 27, pages 24, 27 and 28. Part VI, sec. 4, page 24 Part VI, sec. 5(1), page 24