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Supreme Court Cites Two Essential Conditions For Adoption: Legal Correspondent

1) The Supreme Court ruled that a Hindu adoption is not valid without the consent of the man's wife. 2) Two essential conditions for a valid Hindu adoption established in the Hindu Adoptions and Maintenance Act of 1956 are proof of consent from the wife and proof of an adoption ceremony where the child was formally given and accepted. 3) In this case, the appellant claiming to be adopted could not provide proof of either the wife's consent or an adoption ceremony, so the Supreme Court rejected her appeal.

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Ayush Raj
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187 views1 page

Supreme Court Cites Two Essential Conditions For Adoption: Legal Correspondent

1) The Supreme Court ruled that a Hindu adoption is not valid without the consent of the man's wife. 2) Two essential conditions for a valid Hindu adoption established in the Hindu Adoptions and Maintenance Act of 1956 are proof of consent from the wife and proof of an adoption ceremony where the child was formally given and accepted. 3) In this case, the appellant claiming to be adopted could not provide proof of either the wife's consent or an adoption ceremony, so the Supreme Court rejected her appeal.

Uploaded by

Ayush Raj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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‘Hindu adoption not valid

without consent from wife’


Supreme Court cites two essential conditions for adoption
Legal Correspondent were established. child and proof of the cere-
NEW DELHI The March 6 judgment mony of actual giving and
A Hindu adoption is not va- came on an appeal by M. Va- taking in adoption.
lid unless the man takes naja, who claimed she is the “The appellant [Vanaja]
prior consent from his wife adopted daughter of the late admitted that she does not
and there is a “ceremony of Narasimhulu Naidu. She had have the proof of the cere-
giving and taking in adop- filed a civil suit for partition mony of giving and taking of
tion,” the Supreme Court of property. The suit was dis- her in adoption. Admittedly,
has held. missed. The Hyderabad there is no pleading in the
A Bench led by Justice L. High Court had eventually plaint regarding the adop-
Nageswara Rao said the upheld the dismissal, follow- tion being in accordance
mandate of the Hindu Adop- ing which an appeal was with the Act. That apart, the
tions and Maintenance Act filed in the Supreme Court. respondent, who is the
of 1956 was that no adoption Justice Rao, who wrote adoptive mother, has cate-
was valid unless the two es- the judgment, said Sections gorically stated in her evi-
sential conditions of the con- 7 and 11 of the 1956 Act are dence that the appellant was
sent of the wife and the ac- the consent of the wife be- never adopted,” the court
tual ceremony of adoption fore a male Hindu adopts a concluded, rejecting appeal.

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