Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Rajinder Singh – Appellant
Versus
Vidya Devi – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
Background : The defendants of the suit are before this Court in the present second appeal, assailing the judgment and decree passed by the learned Additional District Judge, Hisar dated 29.10.1997, whereby the appeal filed by the plaintiff–respondent Smt. Vidya Devi (respondent herein) was accepted; the judgment and decree dated 08.02.1995 passed by the learned Trial Court of Sub Judge 1st Class dismissing the suit were set aside, and the suit for declaration was decreed.
2. For the sake of convenience and to avoid confusion, the parties are being referred to as per their status before the Trial Court. The Trial Court record, as available on the DMS, has been perused.
3.1 Admitted facts : The factual matrix emerging from the record is that one Harchand had three sons, namely Richhpal, Bhagwana and Naurang, besides three daughters, namely Chandrapati, Lakshmi and Basanti. The plaintiff Smt. Vidya Devi is admittedly the daughter of Bhagwana, who was married to Smt. Sarti Devi (proforma defendant No.4). Defendant No.2 i.e. Kulwant Rai is the son of Naurang, whereas defendant No.1 Rajinder Singh is the natural son of Kulwant Rai and defendant No.3 Smt. Tarawant
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....
The validity of an adoption deed under Hindu law requires compliance with statutory provisions, and presumptions regarding registered deeds are rebuttable.
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 requires strict adherence to legal prerequisites, including consent from both biological parents, making an invalid registration insufficient for legitimacy.
The court affirmed that for a valid adoption, the consent of the adopting father's wife and proof of the ceremony of giving and taking are mandatory under the Maintenance and Adoption Act, 1956.
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 requires strict compliance with statutory conditions, including the consent of the biological mother, and such conditions were not met in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
