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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Hari Ram S/o Suresh Kumar – Appellant
Versus
Chunni Devi W/o Late Shri Bholu Ram – Respondent
ORDER :
1. The instant Civil Second Appeal under Section 100 of the CPC has been preferred assailing the judgment and decree dated 30.07.2025 passed by the learned Additional District Judge, Deedwana District Deedwana-Kuchaman in Civil Appeal No.21/2018, whereby the learned First Appellate Court affirmed the judgment and decree dated 15.10.2018 passed by the Court of learned Civil Judge, Deedwana in Civil Original Suit No.33/2012. By virtue of the aforesaid judgments, the suit instituted by the respondent-plaintiff seeking cancellation of the adoption deed dated 20.07.2009 came to be decreed and the appeal preferred by the present appellant-defendant was dismissed.
1.1. Aggrieved thereby, the present second appeal has been instituted invoking the jurisdiction of this Court under Section 100 CPC with a prayer to set aside the concurrent findings and decrees passed by the Courts below.
2. The brief facts giving rise to the present appeal are that the respondent-plaintiff instituted a civil suit before the Court of learned Civil Judge, Deedwana seeking cancellation of the alleged adoption deed dated 20.07.2009. In the plaint, it was averred that the husband of the respondent-plaintiff ha
Adoption – In the event of there being a registered document pertaining to adoption, there would be presumption that adoption has been made in accordance with law.
Registered adoption documents presume compliance with the law; the burden rests on the claimant to disprove, which may not simply rely on allegations of fraud.
The validity of an adoption must be established by evidence of actual giving and taking of the child, with presumption favoring registered Adoption Deeds unless convincingly rebutted.
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 ....
Valid adoption requires proof of customary rituals and consent, with documentary evidence insufficient without corroborating proof of actual giving and taking.
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....
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