Brijendra Singh Vs. State of M.P.
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Head Note
The Hindu Adoptions and Maintenance Act, 1956 - Section 7 , Section 8
A Hindu male cannot adopt a child except with prior consent of 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 - Wife's consent must be obtained prior to adoption - It is mandatory - Consent cannot be subsequent to act of adoption.
The Hindu Adoptions and Maintenance Act, 1956 - Section 7 , Section 8
Adoption - A female Hindu cannot adopt a child even with consent of her husband except when husband has completely and finally renounced world or has ceased to be Hindu or has been declared by Court to be of unsound mind - In the instant case a crippled Hindu woman married a person who deserted her son after - There was no dissolution of marriage - The woman adopting a son - Adoption not valid - A Hindu female not competent to adopt even with consent of her husband.
Topic(s)-Adoption
Important Decision(s)-
- No dissolution of marriage - The woman adopting a son - Adoption not valid.
- A Hindu female not competent to adopt even with consent of her husband.
- Hindu male cannot adopt a child except with prior consent of wife.
- Wife's consent must be obtained prior to adoption - It is mandatory.