NUPUR BHATI
Prasann Chandra Pincha – Appellant
Versus
Kanchan Devi – Respondent
ORDER
1. Since common questions of facts and law are involved in both these writ petitions, therefore, the same were heard together and are disposed of by this common order.
2. These petitions have been filed challenging the order dated 22.01.2021 (in SBCWP No.2890/2021) and the order dated 21.08.2019 (in SBCWP No.2147/2021) passed by the learned Additional District Judge, Churu in Civil Original Suit No.37/2004 (23/1999). SBCWP No.2890/2021 has been filed with the following prayers:-
(b) Any other order or direction which the Hon'ble Court feels appropriate in favour of the petitioners in light of justice, equity and good conscience may also be passed."
SBCWP No.2147/2021 has been filed with the following prayers:-
(B) The Application of the non-petitioner No.1 (Ann
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Important Point :Framing additional issues post-evidence completion is impermissible if the principal issue can be proved, deeming such applications as afterthoughts.
A court cannot decide mixed questions of law and fact as preliminary issues; they must be resolved through trial with evidence, particularly in cases concerning adoption validity.
The court recognized the necessity to resolve the validity of the adoption deed despite earlier failures to present competent evidence, underscoring the importance of proving authenticity in property....
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 ....
An adoption deed, once registered, is presumed valid under Section 16 of the Hindu Adoption and Maintenance Act unless disproved, and courts must provide reasons for any conclusions drawn against its....
The court upheld the validity of a registered adoption deed, emphasizing that the suit challenging it was barred by limitation as it was filed 33 years after the plaintiffs gained knowledge of the ad....
Adoption requires strict adherence to legal prerequisites, including consent from both biological parents, making an invalid registration insufficient for legitimacy.
A plaint that lacks a valid cause of action and is clearly an abuse of process may be dismissed summarily under Order VII Rule 11 of the CPC to prevent unnecessary litigation.
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