Section 10 of hindu marriage act
riniwaz
(Querist) 08 February 2014
This query is : Resolved
Me and my wife both are divorcee, living in Delhi seperate from parents. Myself is 36 and my wife is 37 of age. We dont have any baby. She is having some severe TB and thyroid due to which she cann't conceive baby now. i am also having some infertility problem.
I told her several times that if we can't conceive baby we can go and adopt a child. She is neither ready concieve a baby nor want to adopt a child.
I love child. I am ready to adopt a child as i am the only son of my parents
if she refuses to adopt a child can i file divorce petition or section 10 petition aganist her.
Kindly help me
prabhakar singh
(Expert) 08 February 2014
You are confused.
Your problem does not relate to section 10 of Hindu Marriage Act.
It is section 7 of THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 which is a hurdle in your way and it reads:
"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 the world or has
ceased to be a Hindu or has been declared by a court of competent jurisdiction
to be of unsound mind. "
riniwaz
(Querist) 08 February 2014
Sir,
If my wife is not willing to adopt a child and she cannot conceive a baby now so what should i do.
Either she adopts a child or give me divorce.
prabhakar singh
(Expert) 08 February 2014
LAW IS NOT SO.SORRY I AM FOR YOU.
riniwaz
(Querist) 08 February 2014
Sir,
If she is not ready to adopt a child. Can i file case u/s 10 aganist her saying that either she conceives a baby or adopts a child or i will not live with her.
Devajyoti Barman
(Expert) 08 February 2014
Section 10 does not apply in your case. This alone is not a ground for divorce either.
Without consent of either of the spouses , no adoption can be done.
Dr J C Vashista
(Expert) 09 February 2014
Adoption require consent of your wife also, no shortcut.
Very well explained by Sh. Parbhakar Singh and Devajyoti Barman ji, I agree with the experts.
prabhakar singh
(Expert) 09 February 2014
No divorce petition lies on the ground of refusal to accord consent for adoption.
If such a ground is provided then that would make section 7 of of THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 redundant.
There is no sense in conferring right of consent on wife and ground of divorce on husband.
Rajendra K Goyal
(Expert) 09 February 2014
Agree with the experts.
Not a valid ground of divorce.
ajay sethi
(Expert) 09 February 2014
you should try to convince your wife to adopt a child . find out why she does not want to adopt a child . if she is working she may not want to be saddled with the responsibility of looking after child . she may not want to jepodarise her career . talk to her parents if necessary . if wife refuses go for divorce by mutual consent
T. Kalaiselvan, Advocate
(Expert) 09 February 2014
Yes, the only solution is to go for a mutual consent divorce under such circumstance, I think she will not be agreeing to this too (?)You should convince her to consent for either adoption or for divorce mutually.
riniwaz
(Querist) 10 February 2014
My wife is not ready to listen me. Her parents are not good. They always interfere in my life. She neither wants to conceive or adopt a child. I dont know what to do.
I also dont want divorce or juridication seperation at this age as it is mine also second marriage. I just want to teach her lesson. kindly help me
ajay sethi
(Expert) 10 February 2014
your objective of teaching her a lesson is misplaced . your objective should be to save your marriage . visit a marriage counselor
Guest
(Expert) 10 February 2014
If you try to teach your wife a lesson, she would also pay you in the same coin, as in matrimonial disputes, the action and rection are mostly equal and opposite. So, consider about consequences before deciding such a drastic step, instead of inviting troubles for yourself also.
TB and thyroid of your wife cannot pose permanent problem for conceiving a child. That may only be due to some of her psychological thinking. Your infertility can also not be incurable, if you try to consult some capable physician.
Devajyoti Barman
(Expert) 10 February 2014
This is not a way to teach your wife.
It is your misfortune that you have wife who may not be your choice. Either accept it and move ahead with this fact or break it.
Dr J C Vashista
(Expert) 11 February 2014
Engage a local lawyer, convinece your wife for adoption, I am hopeful better sense will prevail.
Rajendra K Goyal
(Expert) 11 February 2014
Respected PS Dhingra ji,
Humbly add that for every action of husband there is 3-4 time opposite reaction (498-A, DV Act against husband and relatives, maintenance apart from opposing steps of husband which is hardly equal)as law is pro-ladies.
Guest
(Expert) 11 February 2014
Rajendra ji,
I do agree with you, of course, multifold & chain reaction can be seen from the opposite side in dv & 498a cases.
