Male Hindu cannot adopt without the consent of wife – SC

By TG Team Finance Judiciary September 11, 2011

TaxGuru Citation: 2011 taxguru.in 893
Case Name: Ghisalal Vs Dhapubai (D) By Lrs. (Supreme Court of India)
Appeal Number: Only available for paid members
Date of Judgement/Order: Only available for paid members
Courts: Supreme Court of India

Ghisalal Vs Dhapubai (D) By Lrs. (Supreme Court of India)- Hindu Adoptions and Maintenance Act, 1956, s. 7 – Adoption by husband -This is clear from Section 7 of the Act. Proviso thereof makes it clear that a male Hindu cannot adopt except with the consent of the wife, unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind. It is relevant to note that in the case of a male Hindu the consent of the wife is necessary unless the other contingency exists.

Supreme Court of India

Ghisalal Vs Dhapubai (D) By Lrs.

Civil Appeal Nos .6373- 6374 of 2002

Date of Judgement: 12 January, 2011

Judgement

O R D E R

G.S. SINGHVI, J.

1. Whether mere presence of Dhapubai in the ceremonies performed by her husband Gopalji for adoption of Ghisalal amounted to her consent as contemplated by the proviso to Section 7 of the Hindu Adoptions and Maintenance Act, 1956 (for short, `the 1956 Act’) is the main question which arises for consideration in these appeals filed against judgment dated12.9.2000 of the learned Single Judge of the Madhya Pradesh High Court, Indore Bench whereby he partly allowed the second appeals filed by the parties and modified the decree passed by the lower appellate Court, which had substantially reversed the decree passed by the trial Court in a suit for declaration, partition and possession.