SUDESH BANSAL
Giriraj Adopted – Appellant
Versus
Mohani Devi – Respondent
JUDGMENT
Sudesh Bansal, J. - Appellant-plaintiff has preferred this second appeal under Section 100 CPC assailing the judgment and decree dated 18.10.2016 passed in Civil Appeal No.101/2003 by the Court of Additional District Judge No.1, Sikar affirming the judgment and decree dated 23.09.2003 passed in Civil Suit No.48/1994 by the Court of Civil Judge (SD), Dantaramgarh, District Sikar whereby and whereunder the civil suit for permanent injunction filed by appellant-plaintiff claiming himself to be adopted son of respondent-defendant Mohani Devi, has been dismissed on merits.
2. Heard counsel for appellant at length and perused the impugned judgments and record.
3. Relevant facts of present case as culled out from the record are that appellant-plaintiff instituted a civil suit for permanent injunction on 05.07.1994 alleging inter alia that respondentdefendant Mohani Devi is his adoptive mother and plaintiff was adopted by late Shri Bhanwar Lal and his wife Smt. Mohani Devi nearabout 15-16 years ago according to hindu rites and customs. Plaintiff claimed his right as adopted son in the suit property belonging to late Shri Bhanwar Lal and defendant Smt. Mohani Devi and stated that the
Compliance with the conditions for a valid adoption under the Hindu Adoption and Maintenance Act, 1956 is essential to establish the legality of adoption and the right in the suit property.
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.
The validity of the adoption deed and will, and the application of Section 16 of the Hindu Adoption and Maintenance Act, 1956 in property disputes.
The court established that for an adoption to be valid under the Hindu Adoptions and Maintenance Act, 1956, there must be clear and convincing evidence of the actual giving and taking in adoption, wh....
The central legal point established in the judgment is the requirement to prove adoption strictly in accordance with the provisions of the Hindu Adoptions and Maintenance Act, 1956, including the con....
The central legal point established in the judgment is the requirement for a valid adoption to be acted upon, including the physical act of giving and taking the minor in adoption. The burden of proo....
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