Hindu Adoption and Maintenance Act, 1956; S. 9 ----- Giving in Adoption by biological mother to her newly married husband after divorce from the biological father of the child without consent of...
Read MoreHindu Adoption and Maintenance Act, 1956; S. 9 ----- Giving in Adoption by biological mother to her newly married husband after divorce from the biological father of the child without consent of the biological father -----Whether possible ----- Right of giving son or daughter in adoption is impermissible to be exercised by either of them without consent of the other, unless one of them has 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 - ---- However the Court noticed that the biological father took no responsibility of the child ----- Held: in view of complete detachment of the biological father from the child who did not perform any of the fatherly duties, the mother cannot be restrained from lawfully including the child in her new family -----will be permitted to give Master Lakshya in adoption to respondent no.1 for which purpose giving and taking ceremony in adoption shall be performed and a deed of adoption shall also be executed and registered in terms of section 16 of the Act, 1956.
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