Supreme Court of India · 2008-01-11
Brijendra Singh vs State Of M.P. & Anr
- Citation / case number
- AIR 2008 SUPREME COURT 1056
- Court
- Supreme Court of India
- Petitioner
- Brijendra Singh
- Respondent
- State Of M.P. & Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the adoption of Brajendra Singh by Mishri Bai was valid despite the Madhya Pradesh High Court's ruling that it lacked legal sanctity due to the absence of her husband's consent under Section 8(c) of the Hindu Adoption and Maintenance Act, 1956. The Court clarified that the lack of consummation in the marriage and the long separation implied that Mishri Bai could be considered as having ceased to be a married woman, thus allowing her to adopt. The judgment of the High Court was set aside, affirming the trial court's decree in favor of Mishri Bai's adoption claim and her will.