Hindu Adoption and Maintenance Act: Consent of the wife mandatory for proving adoption, Supreme Court
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Hindu Adoption and Maintenance Act: Consent of the wife mandatory for proving adoption, Supreme Court

Aishwarya Iyer

The Supreme Court on Friday highlighted that the compliance of the conditions mentioned in Sections 7 and 11 of the Hindu Adoptions and Maintenance Act, 1956, are mandatory for an adoption to be treated as valid. [M Vanaja v M Sarala Devi (Dead)]

As observed by the Bench of Justices L Nageswara Rao and Deepak Gupta, these provisions lay down that the following conditions must be satisfied for a valid adopting recognised in law, i.e.

  • the consent of the wife before a male Hindu adopts a child;

  • proof of the ceremony of actual giving and taking in adoption

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