Hi. My query relates to the adoption of a child under HAMA. I am a divorcee (staying overseas) and going to marry a divorcee woman (staying in India) with a female issue. I don't have any child from my previous wedlock. My would be wife was legally divorced last year with mutual consent. She got the exclusive custody of the female minor child and her Ex renounced all his rights and claims on the female child and has not been paying any maintenance for the female child. Now after my marriage with this girl, I wish to adopt her child as legal guardian. I recently came across a judgement passed by H'able Delhi High Court in which it was stated that the consent of both the natural parents is necessary before a minor child can be given in adoption except under a situation where the husband/wife has renounced the world.
In the present case, it would be almost impossible for my would be wife to obtain the consent of her Ex husband for giving the child to adoption as her Ex will do every possible thing to harass her even if he doesn't stand to gain anything out of it except for the sadistic pleasure. My question is - if there is such a situation where the consent of the natural father is not obtainable, is there any provision under the law, in the interest and well being of the minor child, to waive of the consent requirement since the natural father doesn't want to maintain any link with my would be wife or her child and he has already renounced his future visitation rights? Is there any provision in the Law to challange the Ex husband if he refuses to give his consent?
Secondly, is there any provision under Indian Law (maybe under HAMA) whereby my would be wife adopts her child from her Ex husband as the sole legal guardian and later she gives that child to adoption under our joint name? If yes, could you please share any past judgements or any reference material for more clarity? How much time does it require to complete the adoption formalities in India?
What would be the legal status of the child if the consent is not given by the Ex husband? What would be the future implications for the child?
I would really appreciate an early response as this issue has caused a fair deal of stress for us. I thank you in advance.