Supreme Court of India · 2008-01-11
BRAJENDRA SINGH vs STATES OF M.P.
- Citation / case number
- SC 2000/19609
- Court
- Supreme Court of India
- Petitioner
- BRAJENDRA SINGH
- Respondent
- STATES OF M.P.
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed the validity of an adoption under the Hindu Adoption and Maintenance Act, 1956, specifically Section 8(c), which requires the consent of the husband for a female Hindu to adopt. The Court held that since Mishri Bai had been living separately from her husband for an extended period, she could be considered to have ceased to be a married woman, thus allowing her to adopt without her husband's consent. The Court reversed the High Court's decision, affirming the trial court's ruling that recognized the adoption and upheld the will executed by Mishri Bai in favor of Brajendra Singh.