O R D E R

1 By an order dated 23 September 2016, the Family Court at Karkardooma Courts, Delhi granted a decree for divorce by mutual consent as between the petitioner and the second respondent in HMA No 1187 of 2016. The issue which forms the subject matter of these proceedings pertains to their minor son. Both the petitioner and the second respondent have since remarried. The petitioner has specifically stated that her spouse is agreeable to the child being taken in adoption.

2 Section 9(2) of the Hindu Adoption and Maintenance Act 1956 provides as follows:

“9. Persons capable of giving in adoption.— (1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.

(2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption;

Provided that such right shall not be exercised by either of them save with the consent of the other unless one of them has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.”

3 Mr Sidharth Luthra, senior counsel appearing