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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sanjeev Prakash Sharma, Meenakshi I.Mehta
Union Of India – Appellant
Versus
Central Administrative Tribunal, Chandigarh – Respondent
JUDGMENT :
Sanjeev Prakash Sharma, J.
This writ petition assails the order dated 25.02.2016, passed by the Central Administrative Tribunal, Chandigarh (for short the CAT'), whereby the CAT, has directed as follows:-
"11. A conjunctive perusal of the pleadings of the parties would indicate that the claim of the applicant no. 2 has never been considered by the respondents for appointment on compassionate ground under the scheme. The sole objection taken by the respondents for rejecting the claim of the applicants vide Annexure P-4 and P-6 is that they will not recognize un registered adoption deed. There is no whisper qua any ground as to why they would not consider this as a legal document.
Once there is a decree by the Civil Court recognizing this deed, the respondents cannot take this objection and as such it has to be over ruled. Moreover, Hon'ble Punjab and Haryana High Court in Karam Singh Vs. Jagsir Singh , PLR Vol.CLXXVIII-(2015-1) has held that section 16 of the Hindu Adoptions and Maintenance Act, 1956 , raises a presumption as to validity of an adoption if he adoption deed signed by the person giving and the person taking in adoption, is registered. The Act, however, does not
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.
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....
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.
Adoption – Performance of prescribed rites is constitutive of adoption and subsequent execution and registration of Deed of Adoption is only evidentiary.
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 ....
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....
Registration of adoption deed is not mandatory for obtaining a birth certificate under the Hindu Adoption and Maintenance Act; the authorities cannot impose such a requirement without legal basis.
A non-registered adoption deed cannot establish legal adoption under relevant Acts, affecting dependent status in compensation claims.
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