LawRato

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.
Answers (1)

Answer #1
747 votes
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.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."