Hello,
I need to know can a husband adopt a teenager girl child without wife's consent when the husband and wife are living separately but not divorced legally.
Regards,
Neha
Neha (Software Engineer) 02 October 2019
Hello,
I need to know can a husband adopt a teenager girl child without wife's consent when the husband and wife are living separately but not divorced legally.
Regards,
Neha
Adv Deepak Joshi +917017821512 (Advocate) 03 October 2019
Neha (Software Engineer) 03 October 2019
But as per Hindu Adoption and Maintenance Right 1956, it was written that
"Men can adopt if they have the consent of their wife or of all of their wives. The only way of getting around obtaining the permission of the wife or of the wives is if she or if they are unsound, if they have died, if they have completely and finally renounced the world, and if they have ceased to be a Hindu."
So, as per which Act can he adopt a girl child without wife's consent?
Shashi Dhara 05 October 2019
adiga 31 January 2020
Hi
Thank you for your question.
Hindu Adoptions And Maintenance Act, 1956
Section 6 – Requisites of a valid adoption (no adaption shall be valid unless)
Section 7 in The Hindu Adoptions and Maintenance Act, 1956
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.
Section 11 - valid adoption (In every adoption, the following conditions must be complied with)
Regards,
Adiga.