sankhajit dutta (own business) 05 June 2012

Adoption

My wife eloped with another man in the year 1996 leaving beind me and two twin children aed 3 years.

Nobody knew her where abouts till 2009. In 2009 she filed 2 cases against me one for divorce with alimony and another under DV act after a gap of 13 years.Both the cases are going on now and I am paying a huge sum monthly as interim relief against DV act case. My children are now adults and I have brought them up with great difficulty and given them the best of education. I have now come to know that my wife has another son and she

says that he is an adopted son. I have enough evidence to prove adultery but that stage has not come yet.

My question to the learned forum is can she adopt a child without my knowledge when we are still not divorced?

How can she desert her two small children of her own and adopt another child?

Can a single parent adopt a child as per law?

As per school records of the child his mothers name is given as my wifes name and fathers name is ome other persons name who is not traceable.

What are my chances of winning this case?

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3 Replies

Tajobsindia (Senior Partner ) 05 June 2012

1. Nil

2. You ultimately succumbed to her motives after 13 years of seperation.

3. Crude opening remarks by an advocate you will say. I will refresh laws to you then hereinunder;

3.1 - Did you file with local police missing person report on the date she eloped?

3.2 - Did you later approach Hon'ble State HC to give direction to local police when they sat on your report application to direct them for her production before Court?

3.3 - After exactly 7 years of her not heard of, did you file for divorce?

3.4 Well now that 13 years have elapsed and she is before us with DV complaint then the legal question is how it is being operating on retrospective effect when DV Act was made operational w.e.f. 26-010-2006 and whereas she left matrimonial home on her own violation in 1996 that is 10 years back when no such Act was even there?

3.5 When she has produced an illegitimate child after eloping how come she is claiming "continuation of offence under DV Act" to frivolously press for the same and on top got relief (which you say you are paying from your nose) on this ground itself?
3.6 A Hindu wife could adopt a son to her husband but she could not do so during her husband's life time without his express consent.
4. Your case is too weak + your Advocate is not sound in principles of Law + you need lot of homework to do to challenge DV Act applicability upon you is my core view.
4.1 – Which State’s sub-ordinate Court she filed DV Complaint from?
4.2 – DD/MM/YYYY of DV Complaint filing date + DD/MM/YYYY of protection order under DV Act she received as relief?
4.2 – Which is the city parties last resided?