Supreme Court Cites Two Essential Conditions For Adoption: Legal Correspondent

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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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