An issueless male Hindu adopts a child without taking consent of his wife , but the wife died before any dispute on adoption arose. Can that adoption be declared valid due to absence of consent of his deceased wife ?
Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 25 July 2009
An issueless male Hindu adopts a child without taking consent of his wife , but the wife died before any dispute on adoption arose. Can that adoption be declared valid due to absence of consent of his deceased wife ?
ritu bhadana (advocate) 25 July 2009
No, Such an adoption cannot be declared valid as at the time of adoption he was having a living wife and consent of wife is mandatory in accordance with provisions of HAMA. Though he can adopt the child after the death of wife and in such a situation adoption shall be valid as there is no requirement of consent of wife.
Dharmesh Manjeshwar (Advocate/Lawyer) 05 August 2009
whether there is any adoption deed .... if there is any document and the same is silent on the aspect of consent of wife ... then it would come under the purview of a void adoption .... but if there is no writing to such an adoption .... how would one prove that consent of the wife was obtained or not at the relevant time .? Moreover I also would like to know for my knowledge whether it is mandatory to execute an Adoption Deed under the Hindu Maintenance & Adoptions Act in the case of adoption of a child ?
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