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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Sampad Roy – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Biswaroop Chowdhury, J.
This Writ Application is directed against the order/letter dated 24th November, 2023 issued by Registrar of Births and Deaths, Respondent No.2 herein directing the petitioners through their Learned Advocate to submit the adoption deed duly registered before the Sub-Registrar along with Form No.1 and Aadhar copies of Adoptive parents and biological parents for issuance of Birth Certificate with the names of adoptive parents. The petitioners being aggrieved by the order/notice dated 24th November, 2023 marked annexure P-5 to the Writ Petition has come up with the instant writ application. The case of the petitioners may be summed up thus :
1. The petitioner No.1 and 2 are adoptive parents of the ward namely Shanaya Roy and the respondent No.3 and 4 are the natural parents of the said ward. Shanaya Roy at present is residing with the petitioners. The writ petitioners and the respondent No.3 and 4 are all Hindus and they are capable of giving and taking the child in adoption.
2. The petitioner No.1 and 2 being desirous of adopting a child upon coming to know that the respondent No.3 and 4 were blessed with a female child and interested to give adoption th
Registration of adoption deed is not mandatory for obtaining a birth certificate under the Hindu Adoption and Maintenance Act; the authorities cannot impose such a requirement without legal basis.
The Court affirmed that a valid adoption under Hindu law does not require mandatory registration, and while biological parents' names cannot be deleted from birth certificates, adoptive parents' name....
The validity of an adoption deed under the Hindu Adoptions and Maintenance Act, 1956, and the applicability of circulars issued by the Government of India, Ministry of Home Affairs in changing the fa....
The burden of proof lies on the claimant to establish valid adoption as per statutory requirements; registered deeds are rebuttable and do not eliminate the need for actual proof.
The presumption of valid adoption under Section 16 of the Hindu Adoptions and Maintenance Act, 1956 applies unless disproved, and the Registrar has the power to correct birth certificate entries unde....
(1) Adoption – Concept of adoption is only to facilitate permanent care and protection of child within walls of a family.(2) Allegation of collusion cannot be basis for court to interfere with adopti....
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.
Adoption requires strict adherence to legal prerequisites, including consent from both biological parents, making an invalid registration insufficient for legitimacy.
Point of law: Section 16 of Adoption Act, 1956 and Section 17(1)(f) read with Section 23 of Registration Act, 1908 and, applying the Heydons' Principle, it is clear that the registered adoption deed ....
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