Adoption of child im muslim personal law

anil Kumar (Querist) 09 January 2015 This query is : Resolved
Dear experts

i and my wife seperated six months back.now she is residing with her mother and father.we had kid of 2yrs and the kid is wd her.

ours is inter caste marriage but its nikha.

my wife is planning to give my son to her sister for adoption.so how can i stop this.
is fathers willing is not required for giving adoption? and my wife is working in govt sector so she is not in a position to take the child look after, her parents r looking after the child.

so how can i get my child custody..

can u suggest best advices on this quiery...

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Guest (Expert) 09 January 2015
You have not mentioned about your nature of Seperation whether with or with out divorce.What ever it is the Child can not be given for Adoption with out your consent Or with out the Consent of both the Parents.Consult Your Local Good Advocate and Serve Legal Notice regarding the same.If you get ample proof of your wife's efforts to give the Child for adoption then you could apply for the Custody of Child Legally.

ajay sethi (Expert) 09 January 2015
1) consent of father is necessary to give child in adoption .

2) since your child is 2 years only as per muslim personal law custody would lie with mother

ajay sethi (Expert) 09 January 2015
"A Muslim was always free to exercise his option either to adhere to the personal law prohibition against adoption or choose JJ Act route to take a child into his/her family," the SC said .

Rajendra K Goyal (Expert) 09 January 2015
Yours was nikah but whether she converted to Muslim before marriage.

For adoption consent of both is required.

anil Kumar (Querist) 09 January 2015
We r seperated ,
iam planning for talaq .

She converted to islam before marriage.

Ajay sethi sir i didn't get your answer.can u pls clearify..

Nadeem Qureshi (Expert) 09 January 2015
your permission is mandatory.
without your permission she can not given any adoption of your child

Sudhir Kumar, Advocate (Expert) 29 March 2015
IN ANOTHER THREAD YOU SAID SHE WAS CHRISTIAN BEFORE CONVERSION THEN HOW SHE IS SC.

Sudhir Kumar, Advocate (Expert) 29 March 2015
You are already well advised on multiple threads

http://www.lawyersclubindia.com/experts/-triple-talaq-valid-legally-in-my-case--482366.asp

http://www.lawyersclubindia.com/experts/if-she-refuses-to-take-talaq--483931.asp#.VRdLS46Iw3F

http://www.lawyersclubindia.com/experts/adoption-of-child-im-muslim-personal-law-516961.asp

http://www.lawyersclubindia.com/experts/how-to-get-my-child--515756.asp

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