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sankar P (supervisor)     20 July 2014

Can a married man without wife can adopt child

Dear Sir/Madam,

I was married before 2.5 years. My wife since 3 months not living with me & she is willing to take divorce.

 

In this situation can I adopt a male child? is it Possible

Kindly advice me,

Many Thanks,

Best Regards,

Shankar.



Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     20 July 2014

No,As per sec 7 of Hindu Adoption and Maintenance Act 1956,a male hindu can not adopt a child without the consent of his wife so during the subsistance of marriage you can not adopt a child without the consent of your wife. 

7. Capacity of 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.

Explanation.- If a person has more than one wife living at the time of adoption, the consent of all the wives in necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding priviso.

sankar P (supervisor)     20 July 2014

Dear Shri.Bhartesh Sir,

According to, Central Adoption Resource Authority,

 

Who can Adopt

As per Juvenile Justice (Care & Protection of Children) Act 2000 as amended from time to time , the court may allow a child to be given in adoption -

  1. to a person irrespective of marital status; or
  2. to parents to adopt a child of the same s*x irrespective of the number of living biological sons or daughters, or
  3. to a childless couple.

The Point no. 1  says irrespective of Marital status

Also If wife giving in writing that she is unwilling to continue matrimonial life with husband through police station ,

In this situation ( Point no.1 & wife Statement) is it Possible to adopt a child,

Kindly advice me sir,

Many Thanks,

Best Regards,

Shankar.

Laxmi Kant Joshi (Advocate )     20 July 2014

Shankar Mr. Bhartesh Goyal has rightly advised you , according to the adoption and maintenance act a male hindu can not adopt a child without the consent of his wife , your marriage is still existing as your case is subjudice therefore you cannot adopt a child .

Advocate Bhartesh goyal (advocate)     20 July 2014

Thanks Laxmi kantji.


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