Consent of wife must for child adoption: Allahabad High Court

New Delhi: The Allahabad High Court has pronounced a major verdict while hearing a case. According to the court, if a Hindu man wants to adopt a child, his wife's consent is necessary. Even if he is separated from his wife and has not divorced, the approval of the wife is a must.

If the person does not do so, it will not be considered a valid adoption. While hearing a case, Justice JJ Munir has rejected the plea of Mau's Bhanu Pratap Singh. Petitioner's uncle Rajendra Singh, who was in the forest department, passed away in his service. So petitioner demanded an appointment in the compassionate quota saying that his uncle had adopted him. He had a separation from his wife, Fulmani, but the two were not divorced. Both lived separately and had no offspring, so the uncle adopted him.

In this case, the forest department rejected the representation of petitioner and was challenged in the High Court. The court says that the adoption of the petitioner has not been done in a lawful manner, as the Hindu adoption law requires the consent of the wife to adopt the child. The court said if the wife is not alive or a competent court has declared her mentally unwell then it does not need approval otherwise adoption cannot be legalized without wife's consent.

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