New Delhi: The Supreme Court has held that a married Hindu woman who is living separately from her spouse cannot adopt a child without the consent of her husband.

A Bench comprising Justices Arijit Pasayat and P Sathasivam said that consent for adoption was not required when the wife has taken divorce. "It is clear that only a female Hindu who is married and whose marriage has been dissolved, that is who is a divorcee, has the capacity to adopt," the Bench said.

The Bench passed the judgement on an appeal filed by a person challenging a Madhya Pradesh High Court's order which had declared his adoption invalid. In this case, Mishri Bai, a crippled lady having practically no legs, was left by her husband a day after her marriage and she went to stay with her parents and never returned to her in-laws.

Twenty-two years after her marriage, she allegedly adopted a son Brajendra Singh. While dealing with a property dispute, the state officer refused to consider Singh as an adopted son on the ground that his adoptive father s name was not mentioned anywhere. She then approached civil court seeking declaration that she had adopted Singh and the order came in her favour.

The state government then challenged the order in the High Court and the order of the lower court was set aside.

Source : PTI