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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
C.M. JOSHI
Neelavva, W/o. Late Basappa Gubbi, Since Dead By Her Lrs. – Appellant
Versus
Kumar Falsely Calling Himself As Adoptive, S/o. Late Basappa Gubbi – Respondent
JUDGMENT :
C.M. JOSHI, J.
The plaintiff in O.S.No.154/1989 who was non-suited by the judgment dated 29.06.1991 and whose appeal in R.A.No.79/1991 came to be dismissed by the judgment dated11.02.2011 is before this Court in second appeal.
2. The factual matrix as is necessary for the purpose of this appeal is as below:
a. Plaintiff is the wife of late Basappa. Defendant No.1 is the second wife of Basappa as contended by the plaintiff. Defendant No.2 claims himself to be the adopted son of Basappa under a adoption deed dated 19.04.1974.
b. The suit schedule properties are the properties held by the deceased-Basappa comprising of two agricultural lands in R.S.No.26 and 253/2/2, and the house property situated at Nagavanda village in Hirekerur Taluk.
c. The plaintiff contends that she is the wife of Basappa. The suit schedule properties were owned by the said Basappa. He died on 18.01.1978. The plaintiff claims that she is the only legal heir of the deceased Basappa and the alleged adoption claimed by defendant No.2 is non est and void, since the consent of the plaintiff was not taken by the said Basappa, as required under Section 7 of the Hindu Adoptions and Maintenance Act, 1956 (for sho
Consent from the spouse is mandatory for a valid adoption under the Hindu Adoptions and Maintenance Act, and tacit consent may be inferred from participation in the adoption ceremony.
Point of law: Section 6(i) of the Act requires that the person who wants to adopt a son or a daughter must have the capacity and also the right to take in adoption. Section 8 speaks of what is descri....
The main legal point established in the judgment is the validity of the adoption deed and the plaintiff's lack of locus standi to question the adoption.
The necessity of a wife's consent for adoption under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, must be established through clear evidence, either in writing or through affirmative a....
The court affirmed that for a valid adoption, the consent of the adopting father's wife and proof of the ceremony of giving and taking are mandatory under the Maintenance and Adoption Act, 1956.
The validity of adoption requires clear, cogent evidence of factum, including actual giving and taking; mere documentation is insufficient without proof of the legal requirements.
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