I was married to my first wife whom I have legally divorced and she is no more now. Through her I got 3 sons.
I married my second wife in 1988 registered under Hindu Marriages Act. Through this marriage we have no children.
We are 67 and 63 years old now and living on our own as all the 3 sons through my earlier marriage have deserted us. We need an adopted boy to take care of us in the years to come and to complete the Hindu Rites for both of us when we pass away. Hence we are planning to adopt a boy.
Under the "The Hindu Adoptions and Maintenance Act, 1956"
All other conditions are fulfilled except:
11. Other conditions for a valid adoption.-
In every adoption, the following conditions must be complied with:-
(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son’s son or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption.
Whether this clause is applicable to me? Whether we will be able to register the deed of adoption in the local Sub-Registrar’s office?
We belong to Nattukkottai Chettiar Community and under our community practice we can adopt for the second wife (second Tharam) if she is issueless, even if the children through first wife are living through.
Thanks and regards