Vol. 14, Part I · pages 141–145
Dr. Ambedkar and the Hindu Code Bill
This text was extracted automatically from the OCR copy of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.
PDF page 141 (printed page 123)
DR. AMBEDKAR AND THE HINDU CODE BILL 123
(77)
73. Certain agreements to be void. —An agreement not to adopt,
or curtailing the rights of an adopted son, is void.
71. Determination of the adoptive mother in case
of adoption by widow. —(1) Where one of several
widows of a deceased Hindu makes an adoption, she shall
be deemed to be the adoptive mother, and the other
widows the step-mothers, of the adopted son.
(2) Where two of more widows jointly make an adoption, the
seniormost in marriage among the widows shall be deemed to be the
adoptive mother, and the other widow or widows the step-mother or
step-mothers, of the adopted son.
(75)
72. Valid adoption not to be cancelled. —No adoption which has
been validly made can be cancelled by the adoptive father or mother
or any other person, nor can the adopted son renounce his status as
such and return to the family of his birth.
(76)
Part VI,
sec. 23,
page 28.
Part VI,
sec. 20,
page 27.
PDF page 142 (printed page 124)
DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES124
73. Certain agreements to be void. —An agreement
not to adopt, or curtailing the rights of an adopted son,
is void.
(77)
(78)
CHAPTER III
Registration or record of adoptions
74. Registration and proof of adoptions .—(1) The State Government
may, by notification in the Official Gazette, direct that in the State or
in such areas as may be specified in the notification, no adoption made
under the provisions of this Part shall be valid unless evidenced by a
document in writing duly registered under any law for the time being
in force relating to the registration of documents.
(2) Where an adoption is required to be evidenced by a registered
document under sub-section (1) no evidence shall be given in proof of
such adoption except the document itself.
74A. Recording of adoptions in cases to which section 74 does
not apply. —Where no notification has been issued under section 74,
the State Government may, for the purpose of facilitating the proof of
any adoption made under the provisions of this Part, by rules, provide
that particulars relating to such adoption shall be entered in the
Register of Adoptions maintained in this behalf by such authority as
may be appointed for this purpose by the State Government:
Provided that an application is made to such authority in the manner
specified in section 75.
(79)
75. Application when to be made and particulars to be set out
therein.—The application under section 74A shall be signed by the
person taking, and the person giving, in adoption and shall be made
within ninety days of the adoption. It shall state the following
particulars and such other particulars as may be prescribed:—
(i) the date of the adoption;
(ii) the form of the adoption;
(iii) the name or names, and the age or ages, of the person or persons
taking in adoption;
(iv) if the adoptive father is a married man, the name of his wife;
and if he is a widower the name of his pre-deceased wife;
PDF page 143 (printed page 125)
DR. AMBEDKAR AND THE HINDU CODE BILL 125
If there are two or more wives or pre-deceased wives, their names,
the order in which, and the dates on which, they were married to him,
and the name of the wife or pre-deceased wife who is the adoptive
mother, if any;
(v) if the person adopting is a woman, the name of her husband and
the names of her co-wives or co-widows, if any;
(vi) the name and age of the person giving in adoption;
(vii) the name of the adopted boy in the family of his birth;
(viii) the age of the adopted boy; and
(ix) the name of the adopted boy in the family of his adoption.
CHAPTER III
Record of adoptions
74. Application for recording of adoption. —When
an adoption has been made under the provisions of this
Part and the parties thereto desire to have the adoption
recorded in the Register of Adoptions maintained for this
purpose, they may apply in this behalf to such authority
as may be appointed for this purpose by the Provincial
Government, by notification in the official Gazette, and
who has jurisdiction in the place where the adoption was
made
(78)
75. Application when to be made and particulars
to be out therein. —The application shall be signed by
the person taking, and the person giving, in adoption and
shall be made within ninety days of the adoption. It shall
state the following particulars and such other particulars
as may be prescribed:—
(i) the date of the adoption;
(ii) the form of the adoption;
(iii) the name or names, and the age or ages, of the person or persons
taking in adoption ;
(iv) if the adoptive father is a married man, the name of his wife;
and if he is a widower the name of his pre-deceased wife;
If there are two or more wives or pre-deceased wives, their names,
Part VI,
sec. 30,
page 29.
Part VI
sec. 31,
page 29.
PDF page 144 (printed page 126)
DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES126
the order in which, and the dates on which, they were married to him,
and the name of the wife or pre-deceased wife who is the adoptive
mother, if any;
(v) if the person adopting is a woman, the name of her husband and
the names of her co-wives or co-widows, if any;
PDF page 145 (printed page 127)
DR. AMBEDKAR AND THE HINDU CODE BILL 127
(vi) the name and age of the person giving in adoption;
(vii) the name of the adopted boy in the family of his birth ;
(viii) the age of the adopted boy; and
(ix) the name of the adopted boy in the family of his adoption.