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PRINCIPLE: Under the Hindi Adoptions and Maintenance Act, 1956, no person shall be capable of being taken in adoption unless he or she is a Hindu, he or she not already been adopted, he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption, and he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
FACTS: Vijay being natural father had given Tarun, a boy aged 10 years, in adoption to Manoj in March 2010 in accordance with the Hindu Adoptions and Maintenance, 1956. In May 2012, Manoj gave Tarun in adoption to Sanjay. Subsequently in December 2013, Sanjay gave Tarun in adoption to Vijay.

A
Adoption of Tarun by Sanjay is valid
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B
Adoption of Tarun by Vijay is valid
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C
Adoption of Tarun by Manoj is valid
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D
None of the above adoptions is valid
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Solution

The correct option is C Adoption of Tarun by Manoj is valid
With reference to the legal principle, and as per the given facts, the adoption of Tarun by Manoj is valid, the reason being Tarun was 10 years old (less than 15 years of age) when he was adopted by Manoj. Also, Tarun was given for adoption to Manoj by his natural father Vijay, that means he was never adopted by anyone before. Hence the adoption of Tarun by Manoj is valid. The correct answer is C.

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