In Divaji Vs. Daddi & Others, A.I. R., 1988, S.C. 845, the Supreme Court has held that proviso (c) of S. 12 departs from the Hindu General Law and makes it clear that the adopted child shall not divest any person of any estate which has vested in him or her before the adoption. (c) Changes Made by Hindu Adoption and Maintenance Act, 1956— This Act has effected the following important changes in the old law of Adoption and Maintenance-
- It has considerably enlarged the powers of Hindu female to adopt a child. A Hindu woman need not take prior permission of the husband to adopt a child. A widow and an unmarried Hindu female have full right to adopt a child.
- Now the Act provides the adoption not only of son, but also that of a daughter.
- The performance of Datta Homan, a religious ceremony is no longer necessary
- The simple ceremony of giving and taking is only necessary.
- The upper age limit of the child who is adopted has been fixed at fifteen years unless the custom permits such adoption.
- The law has been given an uniformity and all differences between various schools and sub-schools have been removed.
- The father without the consent of the mother, cannot give a child in adoption except in certain circumstances.
- The adoptee must be below 15 years of age and unmarried unless ihfe custom permits such adoption.
- Adoptive father or mother shall not be deprived of their power to transfer the property merely by reason of the adoption of a child.
- Provisions relating to registration and presumption therefore has been made.
- Specific provisions regarding the maintenance of wife, have entitled have been dearly laid down by the Act.