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One of the India’s characteristics is its diversity, which has always changed across the country’s history from ancient to contemporary times. Because of their beliefs, culture, and religion, Indians abide by their laws. Emotions are exchanged during adoption between the adopted child and adopted family. The adopted child is separated from his biological family and all his ties with the biological family are severed. Adopted children develop their sense of self-worth and self-concept throughout time. Eventually they come to terms with who they are. Childhood problems like connection, self-image might become more complex after the adoption. Adopted children need to integrate with both their adoptive and birth families. The Hindu Adoptions and Maintenance Act,1956 has totally categorized the adoption legislation and made important changes to it. Compared to Hindu traditional law, the HAMA has improved the position of Hindu women in India in adoption. Any woman, regardless of her marital status, divorcee, widow, spinster, etc. can adopt a child. This paper focuses on the adoption by widows under HAMA, status and positions of widows, and doctrine of relation back and its removal. The primary subject of this article is section 8 of the HAMA, which Act 30 substituted in 2010. This paper contains both the retrospective view and the prospective view of adoption by widows under HAMA. This paper puts emphasis on the problems face by widows in adopting a child before the enactment of the act.
Keywords:
adoption by widow, doctrine of relation back, personal law, adoptive family
Cite Article:
"HINDU WIDOW AND HINDU ADOPTIONS AND MAINTENANCE ACT- COLORING THE GREY", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 12, page no.a261-a272, December-2025, Available :http://www.ijrti.org/papers/IJRTI2512034.pdf
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ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator