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Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): G. S. Singhvi, A. K. Ganguly , JJ

Hindu Adoptions and Maintenance Act (78 of 1956) , S.7 Proviso— Adoption by male Hindu - Consent of wife - Proof - Presence of wife as mute spectator in ceremony of adoption of son by her husband - No active participation by wife - Her consent to adoption cannot be presumed - In absence of her consent, adoption by husband would be invalid. Judgment of M.P. High Court, D/-12-9-2000, Reversed. The consent of wife envisaged in proviso to Section 7 should either be in writing or reflected by an affirmative/positive act voluntarily and willingly done by her. If adoption by a Hindu male becomes subject-matter of challenge before the Court, the party supporting adoption has to adduce evidence to prove that the same was done with the consent of his wife. This can be done either by producing document evidencing her consent in writing or by leading evidence to show that wife had actively participated in ceremonies of adoption with an affirmative mindset to support the action of husband to take a son @page-SC645 or daughter in adoption. The presence of wife as a spectator in assembly of people who gather at place where the ceremonies of adoption are performed cannot be treated as her consent. In other words, the Court cannot presume the consent of wife simply because she was present at time of adoption. The wife's silence or....