https://www.taxtmi.com/caselaws?id=170973 A valid adoption by a Hindu male with a living wife requires the wife's consent under the proviso to Section 7 of the Hindu Adoptions and Maintenance Act, 1956, unless a statutory exception applies. That consent must be proved by clear affirmative evidence and cannot be inferred merely from the wife's presence at the ceremony or silence. A registered adoption deed may raise a rebuttable presumption under Section 16, but it does not dispense with proof of consent where validity is challenged. On the evidence, the wife was only a spectator and no active consent was shown, so the concurrent findings upholding the adoption were perverse and could not be sustained. The adoption was held invalid. en-us Wed, 12 Jan 2011 00:00:00 +0530 Thu, 29 Oct 2015 19:14:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170973 A valid adoption by a Hindu male with a living wife requires the wife's consent under the proviso to Section 7 of the Hindu Adoptions and Maintenance Act, 1956, unless a statutory exception applies. That consent must be proved by clear affirmative evidence and cannot be inferred merely from the wife's presence at the ceremony or silence. A registered adoption deed may raise a rebuttable presumption under Section 16, but it does not dispense with proof of consent where validity is challenged. On the evidence, the wife was only a spectator and no active consent was shown, so the concurrent findings upholding the adoption were perverse and could not be sustained. The adoption was held invalid. Case-Laws Indian Laws Wed, 12 Jan 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170973