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purusottam (advocate)     20 April 2010

Adoption

Dear All,

A hindu Male adopted a boy during the lifetime of his wife without hre consent. His wife dies before giving consent. Whether the adoption is valid?



 3 Replies

R.R. KRISHNAA (Legal Manager)     20 April 2010

not valid.

unique horn (self)     24 April 2010

 

7. Capacity of a male Hindu to take in adoption. —Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption:

Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

Explanation.— If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso


Since the wife died  the burden of poof (happened without the consent of the  deceased)  was on the person who challenging  the adoption.

1 Like

kumar deekay (respondant)     26 April 2010

Dear,

Can a male adopt a boy baby from the lady who is Divorced (Living Seperatly) whithout the consent of the natural father of the child. The Father of the child is alive and child is in coustody of lady.

 


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