How can I adopt a son without permission of husband

t

Question asked on: 28/09/2015

I want to adopt a male child but my husband is not agree with me and he is refusing to adopt any child. I’m married in year 1999 and due to some reason I cannot beget a child. I used to live alone because my husband is working at senior management post in a reputed private company.

My questions are:

  1. What is the legal provision regarding adoption?
  2. Can i adopt a child without consent of my husband?

Advised by: Shivendra Pratap Singh,

You cannot adopt a son without permission of your husband. Son has special importance in Hindu mythology. Begetting a son is one of the three debts. Hindus desire to have a legitimate “Auras” son for their spiritual benefits. Son is called “PUT” means a person who delivers his father from hell to haven. If it not possible to beget a child then this gap can be fulfilled by way of adoption

You cannot adopt a son without permission of your husband. Son has special importance in Hindu mythology. Begetting a son is one of the three debts. Hindus desire to have a legitimate “Auras” son for their spiritual benefits. Son is called “PUT” means a person who delivers his father from hell to haven. If it not possible to beget a child then this gap can be fulfilled by way of adoption.

You cannot adopt a son without permission of your husband. Son has special importance in Hindu mythology. Begetting a son is one of the three debts. Hindus desire to have a legitimate “Auras” son for their spiritual benefits. Son is called “PUT” means a person who delivers his father from hell to haven. If it not possible to beget a child then this gap can be fulfilled by way of adoption.

Now theory and philosophy behind adoption has totally changed. Law does not require to perform any special ceremony like “dattak home” at the time of adoption. And it is also necessary to adopt a child for spiritual purpose. Hindu wife cannot adopt a son/daughter without permission of the husband. If husband has renounced the world, incapable to give permission, or converted into another religion then permission of husband is not necessary.

However after enactment of Hindu adoption and maintenance act 1956, now a child may be adopted from near relatives. Once child is adopted he has same rights and liability as a natural son but he cannot solemnize marriage with any person to whom he could not do so if he is not adopted. Age of the adopted son should be below the 15 years and he must be Hindu. Adoption deed should be executed from the district court.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 17493

Consultation: 3402

Husband left country after filing of divorce case

I filed for divorce in March 2015 on grounds of cruelty and dowry with my husband, also he is impotent and gay. A criminal case was also registered against him and my in laws who harassed me mentally and financially,but in May 2015 he has left the country and moved...

Could I get my jewellery and share in the property on divorce

Husband drove me away after eight years of marriage. We have a property in which I invested 80% and my jewellery. Also, there was domestic violence. I filed a police complaint. We adopted a baby girl, and they kept the baby. If I file a divorce case, will I get my...

Divorce by mutual consent

Mutual consent of divorce under section 13-B of the Hindu Marriage Act. Section 13-B, Hindu Marriage Act: Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to...

Alternate accommodation under the domestic violence act

My wife wants alternate accommodation because she does not like to live with me. She filed a complaint under section 12 of the domestic violence act and claimed residence order along with protection order. She has lived in my house only for two years, during her...

Cunning wife demanding money

want to get your kind advise in what to do in a case of my cousin who is facing huge harassment from his wife. He is only 12 pass out , living in Amritsar along with parents and was working in CHINA and married to a girl who is DIPLOMA in nursing and jobless at the...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now