Adoption while in matrimonial litigation

@ Author

1. Current position (HAMA)

Section 7 : 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 that world, or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.

2. Amendment proposed by feminists lobby and got struck in first round of parliament debate for want of agreement with Mens Right Activits group proposals

Section 7 : Capacity of a Hindu to take in adoption - 'Any person who is a Hindu of sound mind and I not a minor has the capacity to take a son or a daughter in adoption': - 'Provided that, if he/she has a spouse living, he/she shall not adopt except with the consent of his/her spouse unless the spouse 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 un sound mind'. (A female Hindu who is married and whose husband becomes incapacitated and if she chooses not to re-marry, she would remain a member of her husband's family. If she desired to make an adoption, the adopted child must be related to the husband of the female making the adoption.' The Explanation of this section shall be deleted.

Justification for change given by feminists

Section 7: Capacity of a Hindu to take in adoption - These changes would ensure a safer home for the child to be adopted. A female Hindu who is married and whose husband becomes incapacitated, if chooses, not to remarry, she would remain a member of the family of her husband. If she desires to make an adoption the adopted child must be ensured full relationship in the family of his adoption and such a child must be related to the husband of the female making the adoption. This would be in consonance to the words and sprit of the Act.

As practice of bigamy is prohibited under the Hindu Marriage Act, hence this section has no meaning in present situation :-)

Proviso places a restriction as concerned to right to take in adoption that makes the consent of the wife a necessity so as to make the adoption valid. The consent must be obtained prior to the civil adoption takes place and not later on where the proviso is disregarded adoption is not valid. See re. Badrilal vs. Bheru 1986 (1) HLR 81.

In the case of divorce the consent is not necessary but in the case of judicial separation, consent would be necessary. In case of two wives, consent must be of both the wives despite the fact that one of them was not living under the same roof for a big job of twenty or thirty years. See re. Bhooloo Ram vs. Ram Lal 1989 (2) HLR 162

Now see yourself where husbands missing there child during divorce proceedings stand as of today against per se kidnapped child with mother enjoying two fruits (litigation and company of child)! 

[Bad gender biased laws na !]

Thank you TajobsIndia..

Understood as it can not be done at this point as no consent would be provided from bitter half.

One more question...

Can orphanage allows to bring child home during week ends (morning to evening), where in all the needs of child would be taken cafe of in a very well manner ? Without taking adoption route ?

Thank you.

1. NO


Option 1 - Move yourself closer to local orphanage and spend maximum time in company of orphans children’s and slowly develop repo. with management. Something may evolve from there anyhow this is the first option fathers of missing children must adopt to get training in baby sitting instead of bringing a child all of a sudden home when so many legal issues pending on his head.

Option 2 -Move yourself to wife's home turf with bag and baggage and spend maximum time and energy in Court resulting getting maximum visitation hours for your child with you / your side of family - relatives as it is a Childs Rights to exactly have social interaction with both sides of family and all it needs is “never give up’ attitude (I like your ID).


Option 3 - If earning well then opt for surrogacy sponsorship and thus bring the child born home. Let wife complain / file protest whatever. For this your best bet is in coming to Anand Dist. in Gujarat and becoming Guest of Kushan our LCI's ladla (Advocate) and seek my assistance like which accredited clinic to contact there legally for surrogacy. When wife errupts in flames seeing second child that also in your home without her assistance then Court will see if you have any able bodied female at home or not and will maintain status quo of this surrogate child with you. Let finality in divorce and etc. cases happen then we will see how proper paperwork gets made for the child for public documentations purposes (meanwhile surrogate contract will fetch you Birth Cerificate and as per Art. 21 COI it is not necessary to fill up intending mother's name under surrogacy evolving laws of the land ha ha). If this route thought finally then do take first flight to Anand and give me a tring from there to direct you to a Accredited Clinic there and make selection of a healthy surrogate mother from list maintained - updated - screened there and then do money transfers / paper work and wait 9 months to bring the surrogate born child to your home.

Option 4 – Search in all your extended family / friends circles who have excess children’s at home as God’s gift J Beg for one to be given initially on loan to you and what for relatives / best friends are there if they cannot come forward in moments of such legitimate emotional needs of yours ! You see at the end of this option exercise how many relatives / friends end up stand by you in support which is th eonly test to test them when gender biased laws on husband's head :-)

Now without trying any or/and all of the above suggestive possible legal ways out kindly donot raise next set of questions.

Hi TajobsIndia,

Thank you very much !

Option 2 suits me well, I will start working on it with keeping fingers crossed !!! May god help me with all the blessing and necessary patience to fight against the odds.