Tuesday, 8 January 2013

Right of wife to adopt with implied consent of husband

Lakshmibai v. Sarasvatibai (1899) I.L.R. 23 Bom, 789, 
Where there is no express prohibition,nor are there circumstances from which prohibition can be implied,the mere fact that a widow and her husband did not live together does not render  the adoption made by wife invalid.The Husband's consent in absence of prohibition is always to be implied.
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