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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M A Chowdhary, J
Prince Kumar S/o Sh. Babu Ram – Appellant
Versus
J&k Board Of School Education Through Secretary – Respondent
JUDGMENT :
1. The present petition has been filed by the petitioner through one Babu Ram, claiming him to be his adoptee father, under Article 226 of the Constitution of India, seeking direction to the respondent to change his parentage from natural parents to adoptee father and mother in its record and issue fresh registration certificate, marks card of 10th, 11th and 12th class, indicating parents name of his adoptee parents.
2. With a view to understand the controversy in its correct perspective, it is deemed appropriate to give the material facts in brief:
2.1 That the petitioner was adopted by Babu Ram and his wife Kanta Devi from the natural parents of the petitioner who have voluntarily and out of free will gave their consent to give petitioner in adoption and handing over/taking over ceremony was also duly performed; that after the adoption, the petitioner used to live with the adoptee parents, who got him admitted in school from childhood; that after the adoption of the petitioner was executed, the adoptee father executed Will Deed in favour of the petitioner of his all moveable and immovable properties including land measuring 08 kanals 08 marlas under khasra Nos. 140, 135,
The court affirmed that a valid Adoption Deed creates a presumption of compliance with adoption laws, necessitating the respondent-Board to consider applications for changing recorded parentage.
Registered adoption negates need for biological parent's consent for birth certificate amendments; presumption of adoption established by law must be respected.
The dismissal of suits on technical grounds does not bar a petition under Article 226. Admission of mistake by respondent institutions and lack of credible reasons for rejection can influence the cou....
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....
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 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 court affirmed the necessity to update a birth certificate post-adoption to reflect the legal name, emphasizing the authority's power to correct such records under the Registration of Births and ....
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