“A Hindu gives his only son in adoption with the consent of his wife. Is this adoption valid?”
TheSayeed Changed status to publish March 15, 2024
Facts of the Case:
- A Hindu father gives his only son in adoption with the consent of his wife.
Issues in the Case:
- Is the adoption of the only son by the Hindu father valid under the Hindu Adoption and Maintenance Act?
Principle:
- The Hindu Adoption and Maintenance Act lays down the legal framework for adoption among Hindus in India.
- Section 9 of the Act specifies the conditions of persons capable of giving a child in adoption.
- Consent of the wife is a crucial requirement for the validity of adoption.
Judgement:
- Yes, the adoption is valid. Any married Hindu male can give his child in adoption with the consent of his wife, as per Section 9 of the Hindu Adoption and Maintenance Act.
- The Act does not specify that the son to be adopted cannot be the only son.
- In the given scenario, the father gives his only son for adoption with the consent of his wife, meeting the essential requirement of the law.
- As long as all other legal requirements are fulfilled, such as the capacity of the adoptive parents and compliance with procedural formalities, the adoption is considered valid under the law.
Based on the facts presented and the provisions of the Hindu Adoption and Maintenance Act, the adoption of the only son by the Hindu father with the consent of his wife is valid.
TheSayeed Answered question March 15, 2024