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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.

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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.

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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;

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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.

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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;

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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.