WE THE HUSBAND AND THE WIFE LIVING SEPARATELY FOR THE LAST 2YEARS.MY 7 YEARS SON IS SUFFERING FROM CANCER. I AM HIS ONLY CARETAKER. ONE OF MY SON (1 YEAR) IS WITH MY WIFE. ONE OF MY FRIEND LIVING IN AUSTRALIA WANTS TO ADOPT MY SON.I CANT GET THE CONSENT OF MY WIFE.
There is no law on inter-country adoptions in India, though there is a Supreme Court Judgment on this Laxmikant Pandey Vs. Union of India [AIR1984 SC469] which has laid down some broad guidelines governing such adoptions. In such a case the person seeking to adopt has to approach a social welfare agency in India via a Social Welfare Agency in his Country, who after being satisfied of his/her competence would endorse or forward the application. In your case wife’s consent would be necessary to effect the adoption.
The NRI may file a Civil Miscelleneous case before the competent authority under TH E JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDEMENT ACT, 2006 ( No.33 of 2006 ) and their allied rules, where the NRI has permanent address in India or also at your place of residence, by making you and your wife as Opposite Party.
Court will issue notices to both father and mother. You will give no objection and if your wife won't appear, the case will be proceeded ex-parte and decided in favour and benefit of the child.