How can I adopt a son without permission of husband

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Question From: Family Law

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?

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.

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