Importamt decisions of Supreme Court

On 11th January, 2008, a two Judges Bench in Brajendra Singh vs State of M.P. & Anr. [Civil Appeal No.7764 of 2001] held that a Hindu married woman "cannot adopt at all during the subsistence of the marriage except when the husband 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. If the husband is not under such disqualification, the wife cannot adopt even with the consent of the husband". In the instant case, a Hindu lady because of her physical deformity lived separately from her husband and that too for a very long period right from the date of marriage. Appellant was adopted by the said lady so that he can look after her. There is no dispute that Appellant was in fact doing so. The said lady claimed entitlement to the declaration that Appellant was her adopted son. Examining the issue, the Bench held that though "the husband and wife were staying separately for a very long period and the wife was living a life like a divorced woman", but "there is conceptual and contextual difference between a divorced woman and one who is leading life like a divorced woman" and "both cannot be equated". The Bench held that the said lady was not entitled to the declaration sought for" since "there was no dissolution of marriage or a divorce in the eye of law".