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Adoption of child without wife consent
29-Mar-2023 (In Family Law)
Hi All...Wife contionusly mentally torture husband and not look after husband in that situation husband not want to give anything to wife.Husband and wife have no child.Husband tense very much due to think about his legal hier after husband death.In that situation can husband able to adopt child from adoption center without wife consent and make will in favor of his adopted child from adoption center can wife able to challenge husband made register will in any court and get share.How husband compelety disinherit wife from his property and bank balance kindly help.
Legal heir: In India, you can choose to nominate any person as your legal heir, such as a close relative, friend, or even a charitable organization. You can do this through a legally valid will, which would need to be properly executed and witnessed.
Adopting a child without wife's consent: Under the Hindu Adoptions and Maintenance Act, 1956, a married man can adopt a child only with the consent of his wife, unless the wife has completely and finally renounced the world, ceased to be a Hindu, or has been declared to be of unsound mind by a court. Therefore, you may not be able to adopt a child without your wife's consent under the current laws.
Making a will in favor of the adopted child: If you successfully adopt a child, you can make a will in their favor, leaving your property to them. However, this would not automatically exempt you from providing alimony or maintenance to your wife in the event of a divorce. The court considers several factors when determining alimony and property division, such as the financial status of both parties, the duration of the marriage, and the contributions made by each spouse.
Adopting a child without wife's consent: Under the Hindu Adoptions and Maintenance Act, 1956, a married man can adopt a child only with the consent of his wife, unless the wife has completely and finally renounced the world, ceased to be a Hindu, or has been declared to be of unsound mind by a court. Therefore, you may not be able to adopt a child without your wife's consent under the current laws.
Making a will in favor of the adopted child: If you successfully adopt a child, you can make a will in their favor, leaving your property to them. However, this would not automatically exempt you from providing alimony or maintenance to your wife in the event of a divorce. The court considers several factors when determining alimony and property division, such as the financial status of both parties, the duration of the marriage, and the contributions made by each spouse.
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Adv. Inder Preet Singh
Mohali | 25+ Answers
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What is the wife's right on husband's property?
According to Hindu law, the wife receives an equal share from the assets of her deceased husband, which are divided among the other Class I heirs: the children, and the mother. The only exception is if a man dies without heirs. The wife gets the entire property if there are no other claimants or children. 10-Aug-2023
How do I stop my husband from selling my property?
You can apply for a stay at the civil court if you are concerned that your husband may sell the property or run away if he does not pay the maintenance ordered by the court. You can make the application at the court that has ordered the maintenance.
Can my wife remove me from your house?
If you do not consent to your removal, then the spouse will have to make an application in court to remove you. The Court will give you the chance to be heard.
Does second wife have rights to property?
Answer: If the marriage takes place following a divorce or death of the first spouse, the Hindu Succession Act gives the second wife in India the same rights as the original wife. Even if the wife who died before the marriage was married, the second spouse would still have the same rights. 29-Jan-2023
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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