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Pre- Does Not Recognize Girl Child Adoption: Gujarat High Court
In a significant ruling clarifying the application of , the has dismissed an appeal by a woman seeking property rights as an adopted daughter, confirming that prior to the Hindu Adoptions and Maintenance Act, the adoption of a female child was not legally recognized.
The Backdrop of the Dispute The appellant, Hiruben Parbatbhai Satasiya, alleged that she was adopted by the deceased, Bhovanbhai Narsibhai Ranpariya, in . According to the plaintiff’s case, her mother, Maniben, had married Bhovanbhai following the death of her first husband, Chaganbhai. The marriage was reportedly solemnized under the condition that Hiruben would be taken in adoption by Bhovanbhai, who was then childless.
Following Bhovanbhai's death in , Hiruben filed a civil suit claiming to be the sole , seeking possession of his . She challenged a Will produced by the defendants—the sons of Bhovanbhai’s brother—alleging it was a fabrication intended to dispossess her. The initially dismissed her suit, ruling that while her social status as a member of Bhovanbhai’s household was evident, she held only the status of an "" () rather than a legally adopted daughter under ancient .
Legal Arguments: Ancient Tradition vs. Modern Claim Counsel for the appellant argued that the long-standing familial conduct—where Bhovanbhai treated Hiruben as his own daughter, performed her marriage, and acknowledged her in revenue records—coupled with the lack of rebuttal evidence, established a valid adoption. They relied on , contending that the court should judge the validity of such an ancient transaction based on probabilities and the continuous conduct of the parties.
Conversely, the respondents maintained that the deceased had executed a registered Will in favor of Defendant No. 1, and that regardless of how she was raised, the appellant failed to meet the legal requirements for a formal adoption under the prevailing Hindu law of .
Key Observations The High Court, presided over by Justice J. C. Doshi, delved into the historical texts of Hindu Law to determine the validity of the adoption. The court emphasized that the religious necessity of adoption was historically tied to the spiritual benefit of ancestors, a duty exclusively assigned to a male child.
"Thus, the object of adoption are twofold; the first is religious... the second is secular—to secure an heir and perpetuate the adopter’s name. In view of above, what is to be noticed that the plaintiff though has been brought up as his own child by the deceased Bhovanbhai, the treatises and source of Hindu law, prior to enactment of Adoption and Maintenance Act, , lawfully does not recognize adoption of female."
Furthermore, addressing the term "," the court noted:
"She after treated as with affinity nonetheless, since does not acknowledge girl child adoption, plaintiff legitimately cannot raise claim of adopted daughter of Bhovanbhai."
The court also highlighted in that the alone does not confer title where the underlying claim of is fundamentally flawed under the governing statutes of the time.
Final Decision The Court unequivocally affirmed that the appellant's, at most, prove she was an "" daughter, which carries no inheritance rights as a legal heir under the ancient . Furthermore, the court noted that the appellant's continued reception of inheritance from her biological father’s side served to contradict her stance as the sole adopted daughter of another family.
Finding no error in the 's appreciation of evidence or interpretation of law, the High Court dismissed the appeal, vacating all previous interim protections. This judgment reinforces the strict adherence to Shastric interpretations of Hindu law for transactions occurring prior to the comprehensive reforms of , underscoring that social recognition and foster care do not equate to legal adoption under historical frameworks.
