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january 2008

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.

Brijendra Singh vs State Of M.P. & Anr · Niyam