Adoption Case Adoption Case

2 weeks ago

I have got married to an divorcee women who has already a daughter by previous husband. Now we both mutually decided to file an adoption case in court and after 2-3 hearings court demands physical presence of generic father which we have also tried to contact him but he is not interested to present. Now after continue more than 2 year, website shows case disposed off. What does it mean

Anik

Responded 1 week ago

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A.Dear Client,

In Hindu law, adoption of the daughter from your wife's previous marriage cannot proceed without the consent of her biological father, even if the marriage has been dissolved by a divorce decree. Consent from the biological father is a prerequisite for adoption under Hindu law. If the biological father fails to appear before the court despite repeated notices, the court may dismiss the case due to non-compliance with its orders or lack of pursuit by the parties involved.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
Without the consent of the biological father of the daughter from the first marriage even if it is dissolved by a decree of divorce, you cannot adopt the daughter of your wife who takes birth from previous wedlock. Under Hindu law for adoption consent of the biological father of the child is a must in the suit for adoption. So, for the non-appearance of the biological father before the court on repeated occasions, the Court disposed of the case for non-compliance with its order or for non=pursuation of the case by the parties.
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Vidhi Samaadhaan Vidhi Samaadhaan

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