‘Mother alone can’t give child for adoption’
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Noting that father's consent is required before giving up a child for adpotion, a city court said a mother cannot independently give her child up for adoption.
Additional Sessions Judge (ASJ) Anuradha Shukla Bhardwaj said such an adoption is "nullity" in the eyes of law.
The court's observation came while ASJ Bhardwaj was hearing a man's petition, challenging his estranged wife's plea seeking maintenance for herself and their minor daughter, who she had allegedly given in adoption.
The court said in case the woman has given the child to someone else in adoption, even then the man has the right to challenge the adoption and can take back the minor's custody. Till then, however, he will have to maintain his daughter, the court said.
Discussing the law relating to adoption among Hindus, under the Hindu Adoption and Maintenance Act, the court said according to its provision, if the father is alive, then he alone has the right to give the child in adoption.
"The mother does not have an independent right to give her child in adoption," the judge said while citing the law.
"In view of above, even if the wife has given her child in adoption to someone as is being claimed by the revisionist (man), such an adoption is nullity in the eyes of law.
"The man has his rights to challenge this adoption and take back the custody of his child. Till then he shall remain responsible for the maintenance of the daughter being her father," the court said.
The man, in his revision plea, had challenged the trial court's order directing him to pay interim maintenance to his wife and daughter.
The man had said he was not liable to pay maintenance to his minor daughter as she has been given in adoption by his wife and he had also relied upon the adoption deed executed by the woman in favour of some other person.