Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption:
Provided that if he has a wife living, he shall not adopt except with the consent of his wife unless the wife 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.
Explanation.— If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is dispensed with for any of the reasons specified in the preceding proviso.
Legal Commentary & Landmark Judgments: Section 7
Section 7 of the Hindu Adoptions and Maintenance Act, 1956 regulates the capacity of a male Hindu to take a child in adoption and requires spousal consent.
This requirement of mandatory spousal consent represents a profound legislative reform elevating the Hindu wife from a passive observer to an equal co-decision maker in family expansion.
Under Section 7, spousal consent is not a mere procedural formality; it is a substantive condition precedent. In inheritance litigation where an adopted son claims title against biological daughters or collaterals, the adoption deed must reflect the express, written consent of the wife, or the wife must testify to her voluntary concurrence during trial.