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SANJEEV PRAKASH SHARMA, MEENAKSHI I. MEHTA
Union of India – Appellant
Versus
Sukhpreet Kaur – Respondent
JUDGMENT :
Sanjeev Prakash Sharma, J.
1. The present writ petition preferred by Union of India and the Railways assail the order passed by the CAT dated 25.10.2023, whereby the Tribunal allowed the OA of the applicant-respondent no. 1 and directed to consider her case for appointment on compassionate grounds within a period of three months.
2. Learned counsel for the petitioners assails the order on the ground that adoption-deed executed cannot be said to be legal and valid in law as the same was registered on 02.06.2017 while the girl adopted was above 20 years of age. It is further submitted that the date mentioned in the adoption-deed of actual adoption having been done on 12.01.2010 cannot be believed as the certificate of 10th class of respondent no. 1 does not reflect the name of deceased employee-Vijay Kumar and rather names of the original parents have been mentioned.
3. Learned counsel has invited our attention to the said certificate issued by the Punjab School Education Board on 03.06.2013 in support of her contention.
4. We have considered the submissions.
5. The writ petition and the contention raised by the Railways are found to be wholly misconceived for the reasons as we
Registration of an adoption-deed under the Hindu Adoptions and Maintenance Act presumes validity of the adoption, irrespective of the adopted child's age, and does not negate a claim for compassionat....
The validity of adoption deeds does not depend on registration; non-registration does not invalidate a legally executed adoption under the Hindu Adoptions and Maintenance Act.
Adoption – Performance of prescribed rites is constitutive of adoption and subsequent execution and registration of Deed of Adoption is only evidentiary.
This judgment clarifies the legal validity of an adoption independent of registration and emphasizes eligibility for compassionate appointment based on adherence to established personal and railway p....
Registered adoption deeds are presumed valid under the Hindu Adoptions and Maintenance Act, impacting eligibility for compassionate appointment, irrespective of the adoptee's age at registration.
The main legal point established is that under Section 16 of the Hindu Adoptions and Maintenance Act, 1956, a registered adoption deed is presumed valid unless disproved, and should be considered in ....
Point of law: Section 16 of Adoption Act, 1956 and Section 17(1)(f) read with Section 23 of Registration Act, 1908 and, applying the Heydons' Principle, it is clear that the registered adoption deed ....
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.
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