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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Union Of India, Railway Administration, General Manager – Appellant
Versus
Lakhi Ram Yadav – Respondent
| Table of Content |
|---|
| 1. adoption legitimacy challenged. (Para 1 , 2 , 3) |
| 2. plaintiff must prove adoption validity. (Para 4 , 10 , 28) |
| 3. evidence necessary for validating adoption. (Para 5 , 6 , 11 , 14 , 19 , 20) |
| 4. requirements of hindu adoption and maintenance act. (Para 12 , 13 , 15 , 18 , 22 , 23) |
| 5. trial verdict overturned; appeal allowed. (Para 29 , 30 , 31) |
JUDGMENT :
Parth Prateem Sahu, J.
1. This is defendants’ first appeal filed under Section 96 of the Code of Civil Procedure questioning legality and sustainability of judgment and decree dated 14th October 2010 passed in Civil Suit No.7-A/2009 by Third Additional District Judge (FTC), Manendragarh, District- Koria whereby suit filed by respondent/plaintiff was allowed and plaintiff was declared to be adopted son of Late Papa Rao and Laxmibai.
2. Facts relevant for disposal of this appeal are that respondents/plaintiff filed a suit for his declaration to be adopted son of Late Papa Rao pleading therein that Papa Rao and Laxmi Bai were issue-less. Father of plaintiff and Papa Rao were known to each other as they were friend. On the request made by Papa Rao, biological parents of plaintiff agreed to give plaintiff in adoption. It is a
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 main legal point established in the judgment is that the adoption deed was obtained by fraud and misrepresentation, and the physical act of giving and taking of adoption did not take place in acc....
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 an adoption requires strict compliance with statutory conditions, including the consent of the biological mother, and such conditions were not met in this case.
Point of law: unless there is a proof of custom or usage to take a boy in adoption who is more than 15 years old, the boy cannot be taken on adoption. Therefore, while answering substantial question ....
Point of law: Capacity of a male Hindu to take in adoption-Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. Provided that, if he has a ....
Adoption requires strict adherence to legal prerequisites, including consent from both biological parents, making an invalid registration insufficient for legitimacy.
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