Widow’s Consent Alone Suffices for Adoption: Bombay High Court
मुख्य बातें
- •Bombay High Court ruled that a widow does not need her husband’s consent to adopt a child.
- •The court invoked Section 57 of the Juvenile Justice (Care and Protection of Children) Act, 2015, underscoring the woman’s right.
- •The ruling stated that the adoption decision is a personal choice of the woman.
- •The woman sought to adopt her son from her second marriage, a move contested by her husband.
- •The court ruled in the woman’s favour, prioritising the child’s best interests.
Mumbai, 10 July 2024: In a landmark ruling, the Bombay High Court has held that a widow does not require her husband’s consent to adopt a child. The court clarified that the right to adopt rests solely on the woman’s personal decision and linking it to spousal permission is legally unsound. The verdict was delivered while hearing a petition filed by a woman seeking to adopt the son born of her second marriage.
Delivering the judgment, the court observed that the right to adopt is part of a woman’s constitutional rights. It relied on Section 57 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which outlines the procedure and conditions for adoption. The court emphasised that a woman’s mental and emotional readiness—not her husband’s approval—is the decisive factor. The ruling has sparked fresh debate on the rights of widows in society.