Consent of estranged wife is required for adoption

If the husband wishes to adopt a child and his wife is living separately due to strained relationship between husband and wife, her consent would be required for adoption. Wife living apart from the husband, though utterly estranged, is still a wife, until the marital bond between the parties is severed by a decree of divorce or nullity of marriage. A mere estrangement between the man and wife without disruption of the marital status either be by a decree for divorce or annulment or by death of the wife, would not take the case out of mischief of the proviso to S. 7 of Hindu Adoption and Maintenance Act. The words “If he has a wife living” occurring in the proviso to S.7 include an estranged wife living apart from her husband, but not divorced. (Interpretation of proviso to S.7)

Conviction under S. 411 IPC for dishonestly receiving stolen property is invalid when the accused persons are acquitted under S. 379 IPC for theft arising from the same transaction.

AIR 2025 SC 3890 : AIROnline 2025 SC 760 Legal principles "In a criminal prosecution, the initial burden is always on the prosecution to discharge.", "Conviction under Section 411 IPC requires that the property is proved to be stolen property.", "If the prosecution fails to establish

Benefit of maternity leave with allowance to Contractual employee

AIROnline 2022 KER 275 An educational society CPAS is an "establishment" under S. 2(1)(b) of Maternity Benefit Act, 1961, as the term covers any establishment under State law, not only commercial entities. Hence MB Act's applicable to contract employees in establishments like CPAS. Further

Legal Principles Regarding First Appeal S. 96 of Civil P C

AIROnline 2025 MAD 723 "Right of first appeal is a substantive, valuable right and not merely procedural.", "Unless expressly excluded by statute, the right of appeal cannot be limited or taken away by subsequent legislation.", "Appeal is a continuation of the suit.", "Judicial

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