https://www.taxtmi.com/caselaws?id=189618 Under the Hindu Adoptions and Maintenance Act, 1956, the consent requirement in Section 7 for a male Hindu was held not to apply by implication to a female Hindu adopting under Section 8. The Act draws a deliberate distinction between male and female adoption capacity, and the omission of any consent condition in Section 8 was treated as intentional. The Court refused to import the proviso and explanation from Section 7 into Section 8, noting that this would amount to judicial legislation. Section 12's deeming fiction and Section 14's treatment of multiple wives supported the statutory scheme, and the senior widow's adoption was therefore valid without the junior widow's consent. en-us Mon, 26 Mar 2001 00:00:00 +0530 Sat, 14 Jan 2017 10:14:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189618 Under the Hindu Adoptions and Maintenance Act, 1956, the consent requirement in Section 7 for a male Hindu was held not to apply by implication to a female Hindu adopting under Section 8. The Act draws a deliberate distinction between male and female adoption capacity, and the omission of any consent condition in Section 8 was treated as intentional. The Court refused to import the proviso and explanation from Section 7 into Section 8, noting that this would amount to judicial legislation. Section 12's deeming fiction and Section 14's treatment of multiple wives supported the statutory scheme, and the senior widow's adoption was therefore valid without the junior widow's consent. Case-Laws Indian Laws Mon, 26 Mar 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189618