Under the Hindu Adoptions and Maintenance Act, 1956, can the Father or the mother exercise the right to…

Section 9(2) gives the father and mother an equal right, but its proviso says it "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". Living apart does not dispense with consent, and court permission applies only to a guardian under section 9(4).