‘Hindu adoption not valid without consent from wife’

A view of the Supreme Court of India in New Delhi. File

A view of the Supreme Court of India in New Delhi. File  

Supreme Court cites two essential conditions for adoption.

A Hindu adoption is not valid unless the man takes prior consent from his wife and there is a “ceremony of giving and taking in adoption,” the Supreme Court has held.

A Bench led by Justice L. Nageswara Rao said the mandate of the Hindu Adoptions and Maintenance Act of 1956 was that no adoption was valid unless the two essential conditions of the consent of the wife and the actual ceremony of adoption were established.

The March 6 judgment came on an appeal filed by M. Vanaja, who claimed she is the adopted daughter of the late Narasimhulu Naidu. She had filed a civil suit for partition of property. The suit was dismissed. The Hyderabad High Court had eventually upheld the dismissal, following which an appeal was filed in the apex court.

Justice Rao, who wrote the judgment, said Sections 7 and 11 of the 1956 Act are the consent of the wife before a male Hindu adopts a child and proof of the ceremony of actual giving and taking in adoption.

“The appellant [Vanaja] admitted in her evidence that she does not have the proof of the ceremony of giving and taking of her in adoption. Admittedly, there is no pleading in the plaint regarding the adoption being in accordance with the provisions of the Act. That apart, the respondent, who is the adoptive mother, has categorically stated in her evidence that the appellant was never adopted though she was merely brought up by her and her husband,” the court concluded, rejecting the appeal.

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Printable version | Jul 5, 2020 1:01:16 PM |

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