CHAPTER 1

INTRODUCTION

1.1 Introduction

Hindu law has the oldest pedigree of any known system of jurisprudence. 1Hindu

law is based on Hindu religion and philosophy.2 Hindu Law is the divine law as well as

eternal law. Hindu law is divine as because it derives from Vedas which contains the

revelation communicated from the Almighty God to our great sages, philosophers and

jurists. It is eternal as it is enforceable at all time. No one even the great Hindu sages

can go beyond Hindu law. All are subjects to it even the king. It is sinful for a person

who violates it. Law i.e. Dharma is the collection of some rules and regulations

applicable to all human being. Dharma is of the highest authority in Hindu Law. No one

is immune from the Dharma. The king was also the subject to Dharma.

The Hindu Law is completely different from the Austinian concept of law.

According to Austin, law is the command of sovereign. But according to Hindu Law,

Dharma is not command not made by any other authority. It is pure law. The king was

not regarded as law-giver but merely the law enforcer.3 He had to execute the law as

laid down in the Dharma-Shastras and to execute the judgments pronounced by his own

court.4 Hindu Law is originated from Vedas which contains the revelations of God and

some immemorial customs and usages. Custom and usages are some practices by

human being, handed down from generation to generation from the time immemorial.

1
Sen Priya Nath, ‘General Principles of Hindu Jurisprudence’, (1984) Tagore Law Lectures, Allahabad Law
Agency, p.4
2 th
Mitra S.K. ‘Hindu Law’ ,4 edi., (2015), Orient Publishing Company, New Delhi, p.1
3
Agarwal R.K., ‘Hindu Law’, twenty-one edi, (2003), Central Law Agency, , p. 4
4
ibid

1
 The Hindu Law is applicable only to the Hindu. A person is said to be a Hindu

when he is born in a Hindu family or both the parents are Hindu or one of the parents is

Hindu but brought up as a Hindu and who professes the Hindu religion. By conversion

from other religion like Muslim, Christian, Persi a person is said to be a Hindu. Hindu

personal law basically deals with the personal matters of Hindu like marriage, adoption,

maintenance, guardianship and succession. Hindu Law is the personal law has extra

territorial jurisdiction.5

There are two types of Hindu Law – un-codified Hindu Law and codified Hindu

Law. Uncodified Hindu Law means that portion of Hindu Law which is based on the

Shastric law, not in the written form and codified Hindu Law means which is in the

written form with some modification over the un-codified Hindu Law. The un-codified

Hindu Law applies to all people who are Hindus by religion and codified Hindu Law

applies to all persons who are Hindus domicile in the territories to which codified law

extends.6

1.2 Concept of Adoption

The dictionary meaning of adoption is taking and rearing of a child of another as

one’s own child. The adoption of a child provides benefits to people in two ways; first it

provides benefit to the child by giving a home, parents and a healthy family atmosphere.

Secondly, it is benefited for the couple who have no child by giving the feeling of

parenthood after taking a child in adoption. In other words, it gives pleasure and

5
. supra not 2, p.14
6
ibid

2
happiness of having a child to the childless parent who have adopted. After adoption the

adoptive parents should treats the child as his own child.

Adoption is a process of termination of all relation with the biological family

and acquiring a new family relation with another family. Adoption is the best institution

for a child by which a child gets his or her parents (adoptive parents). So this institution

is a child welfare institution, the children are benefited by this institution. After

adoption they can entitled education, a healthy family atmosphere which is the basic

requirement for the growth of a child as well as for the growth of a nation.

Adoption is the best non-institutional service for the orphaned and destitute child

since it provides permanent substitute care in a family. When the biological parents

relinquish a child permanently due to the circumstances beyond their control, an

adoptive family could be the best alternative for the destitute child.7 Adoption is a

welfare institution for the benefit of a child, so the primary consideration is that the

child is going to a right family.

The process of adoption of a child is also good for a childless couple. Children

are regarded as a bundle of joy to the parent. Every parent or couple has not got the

pleasure to become a biological parent due to some numerous reasons. Such childless

parent can fill their pleasure by taking a child of another as his or her own natural child.

The law of adoption also helps in population control. A couple can adopt a child of

another who needs a healthy family and parents, rather than conceiving more children.

The concept of adoption is not a new concept, it prevails from ancient time. The

first authoritative text on the law of adoption is that of Manu. According to Manu, an

7 st
Bhattacharya Sanjoy, ‘Social Work, Intervention and Management’, 1 edn., (2008), Deep & Deep Pub.
(p) Ltd. P.55

3
adopted son is that who is given by the natural father and mother to another family with

whom the caste of the child is similar. From the age of mythology, there are various

examples in India as well as in other civil society which reveals the existence of

substitute parent like in Greek mythology. Hercules son of lord of God Zews who was

brought up by a farmer couple and in India Lord Krishna, Karne, Sita, Sakuntala were

brought up by another other than their biological parents.

The practice of adoption of a child of another is recognized only by Hindu

personal law. The other personal law like Muslim law, Christian Law, Parsi Law does

not recognise expressly the law of adoption. But now if they want to adopt a child of

another then they can adopt under the Juvenile Justice Care and Protection Act and

under the Guardian and Wards Act.

1.3 Practice of adoption from the ancient to modern Hindu law period

The Hindu law of adoption traced back from the Sruti period. Alone of the

ancient systems which found a use for adoption, the Hindu Law provides us with a

copious literature on the subject of adoption and protracts the developments and

disputes of the remote and more recent past into the present , when the institution is

currently passing through the fire of codification.8

Adoption is known to have flourished in Greece, Rome, China. But India only

gives sufficient information about the original introduction of the institution of

adoption. The origin of the Hindu law of adoption was traced back from the Smrities

period. Mayne says that the whole ancient Hindu law of adoption is evolved from a few

texts like the texts of Manu, Vasistha, Baudhayana, Saunaka and Sakala and a metaphor

8
Derrett J Duncan M., ‘Essays in Classical and Modern Hindu Law, Vol-III’ , edn.(1977), Anglo Hindu Legal
problem, Universal Book Trader, First Indian Reprint 1995, p. 26

4
of Saunaka.9 Apart from these there are two treaties on adoption, Dattaka Chandrika and

Dattaka Mimansa. The modern Hindu law of adoption is evolved by the interpretation

of different texts of the sages.

The son is called putra because he saves his father from hell. According to

Hindu philosophy, there are four stages of a Hindu: karma, artha, dharma and moksha.

Moksha is the ultimate goal of a Hindu. For attaining moksha or salvation he must

proceed the first three steps and it depends on the good and bad deed of a human being.

Attaining salvation or moksha is not possible without a son. The religious obligations

would remain unfulfilled when there is no son as a son gives pinda to his father after his

death.

According to ancient Hindu law there are twelve kinds of sons. Out of the

twelve kinds of sons, the first one i.e. aurasa was only recognised as the son in the

proper sense and the second (Putrika-Putra) was also regarded as almost equal to him in

rank, having no stain in blood and being at the same time an offspring of the person

regarded as the father, besides these two, the other were the sons only in the secondary

sense10 Yajnavalkya gave the place of an adopted son to the seventh rank and does not

treat him as an heir to the adopted father’s collateral. In the Kali age, besides the aurasa

child the adopted child was recognized, it prohibits the appointment of a daughter.11 An

adopted child is required for the sake of the funeral cake, water and for the celebrity of

his name. The dattaka form of adoption implies permanent severance of a child from his

natural parent after taking the child by another other than his natural parents in

adoption. After then the child is regarded as the child of the parent who has adopted.

9 th
Mishra Ranganath, Mayne’s ‘Hindu Law & Usage’,16 edi., (2009), Bharat Law House, New Delhi, p.
476
10
supra note 1, p. 231
11
Supra note 9, p. 472

5
The child will get the status in the adoptive family as the same position with that of the

child born in that family. The transfer of a child from one family to another family

cannot be revoked once this form is made complete. An adoption is said to be complete

after the performance of proper rites and ceremonies. The proper rites and ceremonies

are very much required. The ceremony which is performed at the time of adoption is

datta homam.

According to ancient Hindu sages, a man owes three debts, one of them to his

ancestors, a debt which only a son of the body (aurasa son) or a substitute can pay and

they also says that the ancestors demand the birth of a son who may make the normal or

special offerings to them and that a sonless man should make every effort to secure (by

adoption) that the line is protracted, the family name continued and the various familial

duties from performance of the adoptive parent’s funeral rites to maintenance of the

family’s dependants duly carried out. 12

The main purpose of adoption was two folds : religious and secular. According

to the ancient Hindu texts, a son was required for the continuity of the family tie or to

perform the funeral ceremonies after the death of a Hindu. In Bal Gangadhar Tilak vs.

Shrinivas Pandit13 the Privy Council expressed that adoption of a son in Hindu family is

required for the continuation of the family tie as well as for the sake of the funeral cake

and water. The religious motive of adoption does not exclude the secular motive, the

practice of adoption consists of gift and acceptance of a son from the biological parent

to the adoptive parent.

12
Supra note 8, p. 49
13
AIR 1915 PC 7, p. 154

6
 According to the sages of ancient Hindu Law, the law of adoption consists of

three branches: the person who wants to give the child in adoption must have capacity

and right to do so, the person who wants to take must have the capacity and the right to

take the child in adoption and lastly the person who was to be taken must have the

capacity to be taken in adoption. A transfer of a child from one family to another family

is said to be completed by the performance of the ceremonies known as datta homam by

the adoptive parent and the adopted child.

The ancient Hindu texts prescribes some conditions for a valid adoption:

i. Only a male Hindu can adopt a child even without the consent of his

wife.

ii. The female has no right to adopt a child. The female after the death of

her husband can adopt, when the husband gives the authority to adopt a

son to his wife during his life time.

iii. The child must have the capacity to be taken in adoption. The child must

be a Hindu male child; a female could not be adopted. This is only for

the fact that only a son can save the father from torment. The child must

be of sound mind, must not be deaf and dame. According to Hindu text,

the child to be adopted must not be an orphan and he must not be a child

who has already been adopted.

After the meeting all these conditions the parties must performed the ceremony

of datta homam. According to Manu, he whom his father or mother with her husband’s

assent, gives to another as his son, provided that the person to whom the son is given

much not have issue, if the boy be of the same class and affectionately disposed, is

7
considered as a son given, the gift is confirmed by pouring water.14 The text of Vasistha

must be referred to as a leading authority upon the ritual of adoption.15

In the ancient Hindu Law period adoption of a Hindu child was said to be made

only after the performance of proper religious rites and ceremonies. So the performance

of proper rites and ceremonies was the condition precedent to a valid adoption. The

adoption gave the absolute rights to the child in the adoptive family provided a son born

to the adoptive family after adoption. In that period, the adopted son had no equal right

to the property with the son born subsequent to the adoption. But in case of no child is

born to the family he acquires the whole of his adoptive father’s property as he is the

natural son. He has the right to entitled inheritance of the adoptive father’s property

after his death.

The ancient Hindu law of adoption is codified by the Hindu Adoption and

Maintenance Act, 1956. The statute was passed after enacting the Hindu Succession

Act, 1956 which gives equal right to both male and female in respect of the right to

inheritance of property to meet the provisions of the Constitution of India.

The Hindu Adoption and Maintenance Act, 1956 also provides the equality

provision in respect of adoption. The Hindu Adoption and Maintenance Act, 1956 has

made sweeping and radical changes on the law of adoption prevailed at the time of

Smriti period.

The important change is that the right to take a child in adoption is given to both

male and female. Previously, only a male Hindu could adopt a child, female had no

right to take a child in her own name. Under the Hindu Adoption and Maintenance Act

14 nd
Saharay H.K.,Cowell Herbert’s ‘the Hindu Law’, 2 edn, (2013), R. Cambray & co. Pvt. Ltd., p. 196
15
ibid

8
before the Personal Law (Amendment) Act 2010, a female has same right with that of a

male Hindu. According to the Hindu Adoption and Maintenance Act, 1956 a male can

adopt a child only with the consent of his wife.16 When he adopt without her consent the

adoption will be regarded as invalid. Again the female with some circumstances can

adopt a child of another. A female, under this Act can adopt after the death of her

husband, after divorce, after the declaration by the court to be of unsoundness mind of

the husband, when her husband convert to any other religion. 17 A female during the life

of her husband cannot adopt a child of another in her own name before the Personal

Law (Amendment) Act 2010. The Amendment Act 2010 incorporates the gender

equality in respect of taking a child in adoption. So now a male as well as a female

whether he or she is married or unmarried can adopt. A married female during the life

time of her husband can adopt only with the consent of her husband.

Again in case of giving a child in adoption the father and mother has the equal

right to give the child in adoption. But here the father can give the child in adoption

only with the consent of his wife. The mother could give the child only after the death

of the father before the amendment Act 2010. When the husband is unable due to any

other reasons as prescribed by the Act then the mother could give the child in adoption.

In the ancient Hindu law also only the father and after him the mother could give the

child in adoption.

But now under the amendment, the mother and father has the same right to give

the child in adoption. Other than the father and mother no one could give the child in

adoption. But now besides the father and mother the guardian also has the right to give

16
Section 7 of the Hindu Adoption and Maintenance Act, 1956 before the Personal Law Amendment
Act, 2010
17
Section 8 of the Hindu Adoption and Maintenance Act ,1956 before the Personal Law Amendment
Act, 2010

9
the child in adoption. But regarding the right of a guardian to give the child in adoption,

he is restricted to the order of the court; the court can give order to give a child in

adoption when it is required for the welfare of the child. Welfare of the child is the

paramount consideration for the adoption of a child.

The Hindu Adoption and Maintenance Act, 1956 has changed the nature and the

object of the law of adoption. According to the ancient law only the male child could be

adopted to perform the funeral rites after the death of the adopter. But now the concept

is changed and both male and female child are equally adopted by a Hindu. The statute

also prohibits adoption of a married person. The Act for the first time prescribes fifteen

years of age for the child to be adopted, previously which was not prescribed by the text

of Hindu sages. Now again under the Hindu Adoption and Maintenance Act, 1956 an

orphan, illegitimate child are adopted, the child may be of different caste with that of

the adopted parent. A deaf, blind child is not the bar for a person to adopt.

Again the Hindu Adoption and Maintenance Act, 1956 has abolished the

doctrine of relation back. Now an adoption whether made by a male or female is

effected from the date of adoption. From the date of adoption the child will be regarded

as the natural child of the adoptive parent. The relation of the child with the natural

family is said to be terminated from the date of adoption. But the child can entitled the

property which is vested upon him or her by the natural family before the adoption and

he cannot marry with a person who is within the sapinda relationship and prohibited

relation of the natural family. After adoption the child shall be regarded as the natural

child of the adoptive family. He is entitled all the rights of natural born child from the

adoptive parent. He is also entitled the right to inheritance of the property from the

10
adoptive family. The adopted child is not prohibited from inheriting the property of

adoptive parent when a child is born to the adoptive parent subsequent to adoption.

An adoption is said to be complete after the actual giving and taking the child in

adoption. Under ancient Hindu law performance of rites and ceremonies is required for

the completion of adoption which is known as datta homam. The Act abolishes such

type of ceremonies; it prescribes only one ceremony for an adoption i.e. actual given the

child by the natural family and actual taken the child by another family.

The Hindu Adoption and Maintenance Act, 1956 provides equality provision in

respect of adoption over the ancient Hindu law but it also fails to give equality

provision, so that the Hindu Adoption and Maintenance Act, 1956 has amended by the

Hindu Personal Law (Amendment) Act 2010. This amendment gives equal right to both

male and female to give and take the child in adoption. The equality principle in respect

of the right and capacity of Hindu male and female to take and give a child in adoption

is absolutely incorporated by the Personal Law (Amendment) Act 2010.

1.4 Adoption among Muslim, Christian and Parsi

In India the laws in respect of its applicability can be classified into territorial

law and personal law. The law which is followed by all the people in a particular

territory or locality is known as territorial law. But the law which is applied to a

particular sect of people or particular religion is personal law. In India Hindu, Muslim,

Christian have their own respective personal law. In India the law of adoption is one of

the subject matter of the personal law of different sections of the society like Hindu,

Muslim, Christian and Parsi. There is no express provision for the law of adoption of a

child of another in the personal law in India except Hindu personal law. Only Hindu

11
Law has expressly recognised the practice of adoption of child, which was done in

accordance with the approved rituals as prescribed by Hindu Dharma-shastras and

customs.

The Juvenile Justice (Care and Protection) Act, 2000 and the Guardian and

Wards Act, 1890 also provides some provisions for adoption of child, which apply to all

the religions. A non Hindu can adopt under these two legislations if they wants to adopt.

1.5 Research Questions

a. Whether the Hindu Adoption and Maintenance Act, 1956 is exhaustive or

complete legislation or no on the law relating to adoption?

b. Is there any similarity among the provisions relating to the adoption under

the Juvenile Justice Care and Protection Act, Guardian and Wards Act and

Hindu Adoption and Maintenance Act?

c. Whether the Hindu Adoption and Maintenance Act, 1956 is able to abolish

the discrimination between male and female?

d. Whether a new legislation is required or the provision of the Hindu Adoption

and Maintenance Act should be amended?

1.6 Importance of the Research Study

The study of the genesis of Hindu Law of adoption has assume great importance

in the modern period because the Hindu law of adoption is still now not clear to the

expert of law and to the common people of society. The Hindus are regulated in respect

of the law of adoption by Hindu Adoption and Maintenance Act, 1956 according to

which all the Hindu adoption made after enacting this Act must have conformity with

the statute. But again besides having Hindu Adoption and Maintenance Act, 1956 there

12
are also some other statutes like Juvenile Justice (care and Protection) Act 2000,

Guardian and Wards Act 1890 and guidelines laid down by the Supreme Court of India

in respect of the concept of the inter-country adoption which can be applied to all the

people irrespective of all the religion. The study will examine the implication of various

provisions of different laws or rules and regulations relating to adoption and also to

make a clear idea of the evaluation of the concept of adoption among Hindu.

1.7 Research methodology

The concept of adoption is a socio legal in nature. The study deals with how the

Hindu Law of adoption have evolved from the Vedic period. The doctrinal method is

adopted. The stages of the development of the concept of Hindu adoption is studied

only in depth study of principles, norms, various rules and regulations which made the

shape to the Hindu Law of adoption.

The doctrinal method includes materials collected from various books, research

articles, journals and statutes, which are also used in the preparation of the study. The

case study method and interview method are also adopted.

The various principles relating to adoption made by the judiciary and other

bodies requires for the study of the legal principles of adoption. The principles laid

down by the judiciary in the post and pre independence era are analytically studied.

1.8 Review of the literature

Mayne, in his Hindu Law and Usage18 in Chapter VII entitled the ‘Family

Relations Adoption’ discussed about the adoption in the early age. He gave some

examples of adopted son during the Vedic period for this he mentioned the name of

18
Supra note 9

13
Sunahsepa’s adopted child Harichandra, the only son of Rishi Atri to Aurava. There are

some sages like Gautama, Baudhayana, Manu, Vasistha who gave importance on

adopting a son of another. He highlights exhaustively about the early text of Manu,

Vasistha, Baudhayana and Saunaka and Sakala. According to Mayne, in adoption the

secular motive behind the practice of adopting a child is dominant but in the same time

the religious motive is undeniable. It is undeniable the religious motive in the majority

of cases, though it is equally undeniable that the secular motive is more dominant in

almost all cases.

He has tried to focus the area of a valid adoption, capacity and right of a person

to take and give a child in adoption and also about the performance of rites and

ceremonies of adoption. Then he has discussed about the effect of a valid and invalid

adoption under the ancient Hindu Law. The different forms of adoption like

dwyamushyayana, illatom and kritrima are discussed elaborately by the author. Chapter

–VIII of the book deals with the various provision of Hindu Adoption and Maintenance

Act, 1956. He has mentioned three drastic changes made by the Hindu Adoption and

Maintenance Act, 1956:

a. Right of a female and a male to adopt under certain circumstances which

was not available in the ancient Hindu Law period, is prescribed by Hindu

Adoption and Maintenance Act, 1956.

b. The adoptive child may be a girl or boy under the Hindu Adoption and

Maintenance Act, 1956.

c. This Act has abolished the doctrine of relation back. Now the adoptee would

have the right in adoptive family from the date of adoption.

14
 Besides these three changes he has also mentioned the other changes made by

the Act. According to Mayne, the practice of adoption comprises two things—adoption

by and adoption to. When a male Hindu adopt a child of another then it cannot be said

that it is made by him, but the adoption is not to himself but to his wife with whose

consent he has taken the child in adoption. Likewise adoption made by a female is not

to herself it is also to her husband.

He has discussed exhaustively about Section 6 of the Hindu Adoption and

Maintenance Act, 1956 which provides the condition of a valid adoption. Again he has

discussed about the transfer of a child into new family under Section 12, right of an

adoptive child in his natural family and adoptive family after adoption.

J. Duncan M. Derrett in his Essay in Classical and Modern Hindu Law (Vol-

III)19 has discussed about the concept of adoption. According to him the institution of

adoption can be traced back to the ancient Hindu Law, though the concept of adoption is

known to have in Rome, Greece, China. Then he has tried to focus the ancient law of

adoption from the Smriti period.

S.A. Desai in his book ‘Mulla Hindu Law’ (Vol-I)20 in Chapter XXIII entitled

Law prior to Hindu Adoption and Maintenance Act 1956, he has mentioned the

different forms of adoption. According to him five kinds of adopted son were

recognised by the ancient Hindu Law, whereas only two kinds namely dattaka and

kritrima son are recognised by the modern Hindu Law. From the ancient text he has also

classified the objects of adoption into two, first religious and second secular.

19
Supra note 8
20
Desai Satyajeet A. Mulla,’Principle of Hindu Law’, vol-I, Twentieth Edition, (1998), Butterworths New
Delhi

15
 Again he has also discussed about a valid adoption and effect of a valid

adoption. Texts relating to the capacity to give and capacity to take in adoption are

focussed. He has also pointed out the factum valet in relation to adoption. Again Mulla

also deals with the forms of adoption like, kritima form of adoption, illatom form of

adoption and informal adoption in Punjab.

Kusum in his ‘Family Law Lecture’21 has discussed in depth about the modern

law of adoption without referring anything about the ancient Hindu Law of adoption. He

has started with the meaning of adoption and discussed the salient features of the Hindu

Adoption and Maintenance Act, 1956. He has focused on the capacity of the adopter

and the adoptee.

Kusum has examined the justification of the Hindu Adoption and Maintenance

Act, whether it removes all the discrimination between the male and female in respect

of the law relating to adoption. Then after the author has also satisfactorily analysed the

practice of adoption in Parsi law, Christian law and Muslim law.

The author has made a demand for a uniform law of adoption which can be

applied to all the people in India irrespective of all religion for the adoption of child.

Again the author has also focused on the area of inter-country adoption and the

guidelines laid down by the Supreme Court for the same.

Basant Kumar Sharma in his ‘Hindu Law’ in chapter –V entitled ‘Adoption’ he

has discussed the origin of adoption and the objects of adoption. He has also tried to

focus on the customary adoption. He has explained exhaustively about the adoption by

custom i.e. kritrima form and illatom form of adoption. In kritrima form of adoption the

adopted child does not lose his right of inheritance in his own family. He has asserted
21 th
Kusum, ‘Family Law-I’ , 4 edn, (2015) Lexis Nexis

16
the secular approach of adoption introduced by the Hindu Adoption and Maintenance

Act over the ancient Hindu Law.

The concept of inter-country adoption also has been emphasised by Sharma as in

case of adoption of an Indian child from a foreign parent, there is no regulation for the

law of inter-country adoption. He has discussed the guidelines for adopting an Indian

child by a foreigner.

Herbert Cowell in his ‘Hindu Law’22 from Chapter-IX to Chapter XV deals with

the law of adoption. He says that to preserve the continuity of the family and to make

the funeral cake a son is very much required. Then he made a clear distinction between

an aurasa or a son by birth and an adopted son. He has said that the Code of Manu is the

authoritative in respect of adoption. According to the Manu Code, the father and the

mother (with the authority given by her husband) can give their son to another who has

no son and who is of the same caste. Again he has referred the text of Vasistha as a

leading authority upon the ritual of adoption. He has referred to Jagannatha’s Digest for

the performance of ceremonies at the time of adoption.

Again, he took the opinion of the Pandit quoted by Sir Thoman Strange in

respect of adoption of a Brahmin boy, of performing the datta homa by the adoptive

parent and the natural parent.

According to Herbert, adoption in Hindu Law is a contract between parents who

assumes to give and take absolute right of the child in adoption. In adoption there must

be actual giving and taking a child in adoption. The natural parent must transfers the

child to the adoptive parent in person. In other word, he wants to say constructive gift

and acceptance of the child in adoption is not sufficient. Harwart has discussed the long
22
Supra note 14

17
ceremonial process of regeneration through which early Hindus of the three superior

caste must pass. It is essential that some of these should be performed by the adoptive

family.

He has exhaustively discussed about the three branches of the law of adoption-

who can give, who can take and eligibility of the child to secure to his adoptive parent.

All the books mentioned above deals with the uncodified Hindu Law discussed

from the Smriti period and also discussed in detail the provision of the Hindu Adoption

and Maintenance Act, but the comparative study of the Hindu Law of adoption with

Muslim, Christian and Parsi law has been made only by Basant Sarma and Kusum.

Moreover all the authors have not discussed about the concept of inter country adoption.

1.9 Scheme of the study

The study is divided for the purpose of the thesis into the following seven

chapters:

Chapter I: Introduction

Chapter II: Uncodified Hindu Law of adoption

Chapter III: Codified Hindu Law of adoption

Chapter IV: A comparative study on Hindu Law of adoption with Muslim,

Christian and Parsi Law.

Chapter V: Judicial intervention and impacts of various enactments on the

Law of adoption

Chapter VI: Inter country adoption

Chapter VII: Conclusion and suggestions

18