The Allahabad High Court has said that if a Hindu man wants to adopt a child, his wife's consent is necessary for adoption. If he is living separately from his wife and has not divorced, then the approval of the wife who is living separately is necessary, failure to do so cannot be considered a valid adoptive adoption.
This decision has been given by Justice JJ Munir while dismissing the petition filled by Bhanu Pratap Singh. Petitioner has submitted before the court that his uncle Rajendra Singh, who was in the forest department. His uncle died while serving in the forest department.
So the petitioner sought appointment in a compassionate quota, saying that his uncle had adopted him. He had living separately with his wife Phoolmani but the two had not divorced. Both lived separately and had no children, so the uncle adopted him. But the Forest Department has rejected his application and refused to consider him as the adopted son of his uncle.
The court has said that the adoption of the petitioner has not been done in a legal manner as the Hindu adoption law requires wife's consent to adopt a child until and unless the wife is not alive or ceased to be a Hindu, or a competent court declares her mentally unwell.
The court said that even though the aunt of the petitioner was separated from her uncle but she was not divorced. The adoption of Bhanu Pratap has declared void because his uncle and unt were living separately but not divorced with each other. And as per Hindu law the consent of wife is necessary for adoption of child.
Case details:
Case :- WRIT - A No. - 10300 of 2017
Petitioner :- Bhanu Pratap Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Lal Behari Yadav, Kamla Kant
Srivastava,Kshitij Shailendra, Rajesh Kumar Srivastava
Counsel for Respondent :- C.S.C.
Judge: Justice JJ Munir
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