IMPORTANT POINT
Consent of wife is mandatory for proving adoption.

JUDGMENT

L. Nageswara Rao, J.

The Appellant filed a civil suit for a declaration that she is the adopted daughter of the Respondent and Late Narasimhulu Naidu. She sought for partition of the suit schedule property. The suit was dismissed and the judgment of the trial court was upheld by the High Court of Andhra Pradesh at Hyderabad. Aggrieved by the judgment, the Appellant has filed the above Appeal.

2. O.S. No. 190 of 2004 was filed by the Appellant in the City Civil Court, Hyderabad. It was averred in the plaint that both the natural parents and the Appellant died when she was very young. Her mother is the sister of the original Respondent-M. Sarla Devi (died)-Respondent herein. Appellant pleaded in the suit that she was brought up as the daughter of the Respondent-M. Sarla Devi and her husband Late Narasimhulu Naidu. In the records of School and College, the names of the original Respondent and her husband were entered as the parents of the Appellant. Even in the government records like ration card, etc., the Appellant was mentioned as the daughter of the original Respondent and her husband.

3. Narasimhulu Naidu worked as a Lift Operator in the Andhra Pradesh State Electricity Board (APSEB) and retired on 30.06.1999. In his service record, the Appellant is referred to as his daughter. The Appellant has been nominated in the application for pension of Narasimhulu Naidu. It was the case of the Appellant in the plaint that her adoptive parents initially did not approve the marriage of the Appellant with the person of her choice, but later arranged a grand reception at Hotel Swagat, Ameerpet, Hyderabad. Narasimhulu Naidu was the absolute owner of a building situated at Srinivas Nagar East, Gayatri Nagar, Ameerpet, Hyderabad. He also purchased certain other properties. Narasimhulu Naidu supplied textile materials and clothes to the employees of the APSEB and the Appellant was looking after the business. Narasimhulu Naidu died intestate on 19.08.2003. According to the Appellant, she along with the Respondent succeeded to the entire estate of Narasimhulu Naidu and that she is entitled to half share of his properties. It was submitted that due to the ill-advice of relatives, the original Defendant- M. Sarla Devi turned against the Appellant and was making an attempt to alienate the properties. As the negotiation for an amicable settlement failed, the Appellant was constrained to file a suit for a declaration that she is the adopted daughter of the original Respondent and Narasimhulu Naidu, and for partition of the properties belonging to Narasimhulu Naidu.

4. The original Respondent filed a written statement in which it was stated that the Appellant is the daughter of her younger sister Manjula. As the Appellant's biological parents died when she was very young, the Respondent and her husband Narasimhulu Naidu brought her up. They ensured that she had good education but the Appellant was never adopted by the Respondent and her husband. As such, it was contended by the Respondent that the Appellant does not have any right in the properties belonging to the Defendant's husband.

5. By a judgment dated 15.09.2006, the City Civil Court dismissed the suit. The principal issues that were framed by the City Civil Court relating to the relief of declaration that the Appellant is the daughter of the Respondent and deceased Narasimhulu Naidu and her right for partition of the suit scheduled properties were answered in favour of the Defendant. Relying upon Sections 7 and 11 of Hindu Adoptions and Maintenance Act 1956 (hereinafter referred to as the 'Act of 1956'), the trial court held that the Appellant could not prove the ceremony of adoption. The High Court dismissed the Appeal filed against the judgment of the trial court. The High Court re-appreciated the evidence on record and held that except the statement of the Appellant that she was adopted by the Respondent and (Late) Narasimhulu Naidu, there is no other evidence to show that the actual a