How can I adopt a son without permission of husband

by Shivendra Pratap Singh | Sep 28, 2015 | Family Law

I want to adopt a male child but my husband does not agree with me and he is refusing to adopt any child. I’m married in the year 1999 and due to some reason, I cannot beget a child. I used to live alone because my husband is working at a senior management post in a reputed private company. What is the legal provision regarding adoption? Can I adopt a child without the consent of my husband?

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

However after enactment of Hindu adoption and maintenance act 1956, now a child may be adopted from near relatives. Once a child is adopted he has the 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.

Tags: Adoption

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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