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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
C. Subramanian – Appellant
Versus
V. Shanmugam – Respondent
JUDGMENT :
R. SAKTHIVEL, J.
1. This Second Appeal is preferred by the unsuccessful plaintiffs in the Original Suit, assailing the Judgment and Decree dated December 8, 2017 passed in A.S.No.42 of 2016 by the 'II Additional Subordinate Court, Villupuram' ['First Appellate Court' for brevity], wherein and whereby the Judgment and Decree dated February 3, 2016 passed in O.S.No.152 of 2013 by the 'Principal District Munsif Court, Thirukoilur' [henceforth 'Trial Court'] was confirmed.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
PLAINTIFFS' CASE
3. The plaintiffs are a married couple with three children, the youngest of whom is Rajasekar. The defendants are also a married couple, with the 1st defendant being the maternal uncle of 2nd plaintiff. Although the defendants were married in 1993, they were issueless. Hence, out of kindness, the plaintiffs allowed the defendants to take care of their 3rd child – Rajasekar by leaving him under the defendants custody. The plaintiffs never gave him in adoption to the defendants. However, the defendants took advantage of the custody, and obtained a Deed from the plaintiffs through
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.
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....
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.
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 ....
The burden of proof lies on the claimant to establish valid adoption as per statutory requirements; registered deeds are rebuttable and do not eliminate the need for actual proof.
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 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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