Legal Question in Family Law in India
question on adoption?
can a men adopt a child when his wife along with one and half year girl seperated and divorce case is going on? when maitenance as well as child expediture is borne by the husband? kindly clarify the two grounds
3 Answers from Attorneys
Re: question on adoption?
Hello.
(1) Yes he can adopt the child.
(2) Please mention the facts about the second question.
Re: question on adoption?
no, the adoption cannot take place in the absence of consent of mother. both, the adoptive father and mother need to execute the adoption deed.
Re: question on adoption?
In terms of proviso to section 7 of the H.A.M.A.1956, you can adopt only with the consent of your wife.
A separated wife remains a legal wife till the marriage is dissolved by a decree of divorce.
Making payment towards her maintenance and meeting child expense will not waive the requirement of Section 7 for a valid adoption.
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