LawRato

Can a separated male adopt a child without wife's consent


22-Mar-2023 (In Family Law)
Me and my wife are separated and going through a divorce. We also have a child between us. Due to various reasons, it has become really difficult for us to live together. However, even after separation, my wife wants to make my life miserable by not giving me a divorce. Based on the rules in the Indian court, a divorce may or may not be granted at the end of the trial. Not to mention the fact that she can even appeal the decision in higher courts to make my life miserable. And custody, as usual, goes to the mother. For separated men like me, are we allowed to adopt a child to experience parenthood ? Or do I need her consent for that, if I am not legally divorced ?
Answers (3)

Answer #1
586 votes
Your divorce is not yet granted, so you are not yet separated legally. The rule regarding custody is that for the first 3 years of the child it has to be with its mother. Afterwards custody of child is not rigid but it depends upon many factors.
Helpful? LawRato49+ LawRato
Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRato Bangalore / Bengaluru | 1000+ Answers
Chat with Advocate S.K Prabhakar Shetty Chat 
Answer #2
741 votes
You do not require the consent of your spouce for adoption after your spouce is divorced. However, there are other requirements such as a male adopting a female if adopting a male should not have the male child, if female atleast 21 year difference, person giving adoption should have the capacity etc..
Helpful? LawRato42+ LawRato
Advocate Sadanand Naik

Adv. Sadanand Naik

LawRatoBangalore / Bengaluru | 200+ Answers
Chat with Advocate Sadanand Naik Chat 
Answer #3
602 votes
As per law you need to get a consent of spose while taking adoption. In your case, you informed that you are separated since from long time and you hove have children also. There may be chances for any legal problem in future in case if your not taken consent while adopting child. In case if you are divorced no need of consent. As you told, she is not given consent. So it means that marriage bond continue in the back ground. Under such circumstance you need to take consent.
Helpful? LawRato28+ LawRato
Advocate M Lakshmikanth Arya

Adv. M Lakshmikanth Arya

LawRatoBangalore / Bengaluru | 700+ Answers
Chat with Advocate M Lakshmikanth Arya Chat 

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?

Connect with top Family lawyers for your specific legal issue
Connect with a Lawyer
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."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato