The Bombay High Court has delivered a landmark judgment clarifying that a Hindu widow's right to adopt under the Hindu Adoptions and Maintenance Act (HAMA), 1956, does not require prior authorisation from her deceased husband. This ruling overrides the traditional requirement of the Banaras School of Hindu Law, settling a 42-year-old property dispute and reinforcing the statutory independence granted to women by HAMA.
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- ›Key Act: Hindu Adoptions and Maintenance Act (HAMA), 1956
- ›Court & Judge: Bombay High Court, Justice Rohit W Joshi
- ›Target this Legal Point: Section 8 of HAMA 1956 grants widows the independent right to adopt.
- ›Target this Nodal Body: Bombay High Court (Justice Rohit W Joshi).
- ›Target this Concept: The Banaras School of Hindu Law required a husband's prior consent for a widow's adoption.
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