A consent of wife & ceremony of adoption are must for adoption; SC.

Supreme Court of India

Justice L. Nageswara Rao & Justice Deepak Gupta

The SC {M. Vanaja v. M. Sarla Devi} holds that mandate of the Hindu Adoptions and Maintenance Act 1956 is that no adoption shall be valid unless it has been made in compliance with the conditions mentioned in Chapter I of the Act of 1956. It was further held that the two essential conditions i.e. the consent of the wife and the actual ceremony of adoption have not been established. It was held that the consent of the wife is mandatory for proving adoption.

The points that arises for consideration in present lis were whether the Appellant has proved that she has been adopted by the Respondent and Respondent’s husband, whether she is entitled to a declaration that she is the daughter of the Respondent and Narasimhulu Naidu, and whether the Appellant is entitled to partition of the properties belonging to Narasimhulu Naidu. The SC, while dismissing the appeal, held in negative.