GHISALAL vs DHAPUBAI (D) BY LRS.

The Supreme Court addressed whether the mere presence of Dhapubai during the adoption ceremonies of Ghisalal by Gopalji constituted consent under the proviso to Section 7 of the Hindu Adoptions and Maintenance Act, 1956. The Court held that consent must be explicit and cannot be inferred from mere presence, thereby establishing that the validity of an adoption requires clear consent from the biological mother. The judgment of the Madhya Pradesh High Court was modified, emphasizing the necessity of proper consent in adoption cases.