LALITHA UBHAYAKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In these writ petitions, the petitioners have challenged the constitutional validity of Sec.8 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the Act). It appears, the wife, the first petitioner who is a married lady, with her husband living, wants to adopt a child at Mathruchaya Foundling Home, a Charity Hospital and an oldage home. It is the 2nd petitioner. She was informed by the 2nd petitioner that unless her husband gives his consent, they could not give a child in adoption to her. Even according to her own averments in para 3 of the petition which reads as follows:

(2.) Sec.7 of the Act is as follows:

(3.) Therefore, looked at from any point of view, the first of the petitioner cannot complain of discrimination nor is there a fundamental right besides Art.14 of the Constitution which guarantees the right to adopt.