Can husband adopt a teenager girl child without wife consent

Software Engineer

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

 
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yes he can adopt
 
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Software Engineer

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?

 
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Adopt if any one objects let they go to court and challenge it .advocates will defend .
 
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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)

  1.  The person adopting has the capacity, and also the right, to take in adoption.
  2. The person giving in adoption has the capacity to do so.
  3. The person adopted is capable of being taken in adoption.
  4. Under section 6 the law does not recognise an adoption by a Hindu of any person other than a Hindu (Kumar Sursen v. State of Bihar, AIR 2008 Pat 24).
  5. To prove valid adoption, it would be necessary to bring on records that there had been an actual giving and taking ceremony ( M. Gurudas v. Rasaranjan, AIR 2006 SC 3275)
  6. Law is well settled that adoption displaces the natural line of succession and therefore, a person who seeks to displace the natural succession to the property alleging an adoption must prove the factum of adoption and its validity by placing sufficient materials on record (Suma Bewa v. Kunja Bihari Nayak, AIR 1998 Ori 29).
  7. Section 6 does not bar a lunatic person from being adopted ( Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189).

 

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)

  1. if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption.
  2.  if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted (Hanmant Laxman Salunke (D) by L.Rs. v. Shrirang Narayan Kanse, AIR 2006 Bom 123.)
  3. the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth

Regards,

Adiga.

 
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