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january 2008

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.

BRAJENDRA SINGH vs STATES OF M.P. · Niyam