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A.N.VERMAS (lecturer )     31 December 2014

Adoption by nri during divorce case ?

We have been living separately for the last 4 years. Contested divorce case is going on. We have two sons. One is with me and other is with my wife. They are respectively 9 and 3 years old. The son with me is suffering from blood cancer. One of my friend from Australia wants to adopts him. Wife will mot give the consent in any condition. 


1.  How can he adopt the child ?  Procedure ?


2. Is It possible without wife's consent ?

3. My friend is pr and still unmarried.




 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     31 December 2014

You cannot give your son in adoption without the consent of your wife.

T. Kalaiselvan, Advocate (Advocate)     01 January 2015

For adoption, the consent of both the biological parents is mandatory. Without her consent you cannot go ahead, it will be illegal and invalid.

Advocate Ravinder (Advocate/Attorney)     02 January 2015

You cannot give in adoption without the consent of your wife.  But if you are willing you can take permission of the court to send him to your friends place for treatment for blood cancer.  Keeping in view of the welfare of the child, the court will grant permission to send your child to your friends place for treatment. 

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