10. Persons who may be adopted.

No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely-
(i) he or she is a Hindu;

(ii) he or she has not already been adopted;

(iii) 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;

Bare Acts

(iv) 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.

COMMENTS:

(i) Adoption of boy more than 15 years of age and married is not illegal on account of non-compliance of section 10(iii) subclause three and 10(iv) of the act provided such custom or usages is prevalent in the community;
Hanmant Laxman Salunke v. Shrirang Narayan Kanse, 2006

(ii) The plaintiff being married and above 30 years of age could not prove any custom or usage being observed openly, continuously and uniformly thereby gaining the force of law in his Digamber Jain community which could validate his adoption;
Nemichand Shantilal Patni v. Basantabai, 1994

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