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PERSONAL LAWS (AMENDMENT) ACT 2010

THE PERSONAL LAWS (AMENDMENT) ACT, 2010
NO. 30 OF 2010
[31st August, 2010.]
An Act further to amend the Guardians and Wards Act, 1890 and the
Hindu Adoptions and Maintenance Act, 1956.
BE it enacted by Parliament in the Sixty-first Year of the Republic of India as
follows:--
CHAPTER I
PRELIMINARY
1. Short title.
- This Act may be called the Personal Laws (Amendment) Act, 2010.
CHAPTER II
AMENDMENT TO THE GUARDIANS AND WARDS ACT, 1890
2. Amendment of section 19 of Act 8 of 1890. - In section 19 of the Guardians and
Wards Act, 1890, for clause (b), the following clause shall be substituted, namely:--
"(b) of a minor, other than a married female, whose father
or mother is living
and is not, in the opinion of the court, unfit to be guardian of the person of the
minor, or".
CHAPTER III
AMENDMENTS
TO THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
3. Substitution of new section for section 8. - In the Hindu Adoptions and Maintenance
Act, 1956 (hereafter in this Chapter referred to as the Hindu Adoptions and Maintenance
Act), for section 8, the following section shall be substituted, namely:--
"8. Capacity of a female Hindu to take in adoption. - Any
female Hindu who is of
sound mind and is not a minor has the capacity to take a son or daughter in adoption:
Provided that, if she
has a husband living, she shall not adopt a son or daughter
except with the consent of her husband unless the husband has completely
and
finally renounced the world or has ceased to be a Hindu or has been declared by a
court of competent jurisdiction to be of unsound
mind.".
4. Amendment of section 9. - In the Hindu Adoptions and Maintenance Act, in section 9,
--
(i) for sub-section (2), the following sub-section shall be substituted, namely:
--
"(2) Subject to the provisions
of sub-section (4), the father or the mother,
if alive, shall have equal right to give a son or daughter in adoption:
Provided that
such right shall not be exercised by either of them save with
the consent of the other unless one of them has completely and finally
renounced the world or has ceased to be a Hindu or has been declared by a
court of competent jurisdiction to be of unsound mind.";
(ii) sub-section (3) shall be omitted.
V.K. BHASIN,
Secy. to the Govt. of India.