IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI
Shatrughan Ray @ Surdarshan Rai – Appellant
Versus
Kaushalya Kumari – Respondent
JUDGMENT :
Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India challenging the order dated 16.12.2023 passed by learned Senior Civil Judge-II, Dumka in Title Suit No.125 of 2014 whereby the petition filed by the petitioner has been dismissed by the learned Court for recall of the order dated 21.08.2023.
3. Mr. Rajiv Ranjan Tiwari, learned counsel appearing for the petitioner submits that the original plaintiff namely Sanichar Rai married with Susti Devi long year ago and the original plaintiff having no issues and spouse decided to adopt the child to care them and accordingly the present petitioner has been adopted in due process of Hindu Rituals and also complying the statutory requirement and prepared Adoption Deed which was registered before Dumka Registry being Registered Deed No.199/1981 and legally adopted the present petitioner. He submits that the opposite party No.2 fraudulently by making a forged document prepared the document as an Adoption Deed in which the adoptee is the opposite party No.1 and adopter is the original plaintiff namely Sanic
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....
The High Court affirmed that plaintiffs carry the burden to prove their case and reiterated the importance of timely and supported evidence in procedural matters.
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 quality of evidence is more important than the quantity, and witnesses must be given an opportunity to explain any doubts raised about their statements.
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 ....
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 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....
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.
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 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.
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