For the purposes of section 9(2) of the Hindu Adoptions and Maintenance Act, 1956, “mother” does not…

The mother referred to in section 9(2) is the child’s own mother, not a stepmother. Widowhood, divorce or judicial separation does not by itself make her cease to be the mother.

Under section 9(2), as substituted by Act 30 of 2010 (which omitted the former section 9(3)), the living father and mother have equal rights to give a child in adoption, generally subject to the other parent’s consent and the stated exceptions.