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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
IRSHAD ALI
Ram Kumar – Appellant
Versus
Narain – Respondent
| Table of Content |
|---|
| 1. factual background of adopted rights. (Para 3 , 4 , 5 , 6) |
| 2. mutation order reversal under scrutiny. (Para 7 , 8) |
| 3. petitioner's arguments on adoption validity. (Para 9 , 10 , 11 , 12 , 13) |
| 4. court scrutiny of lower court's findings. (Para 16 , 17 , 18 , 19) |
| 5. presumption of adoption validity under section 16. (Para 20 , 21 , 22 , 23) |
| 6. final conclusion to quash previous orders. (Para 28 , 29) |
JUDGMENT :
IRSHAD ALI, J.
1. Heard Sri Rajeev Kumar Tripathi, learned counsel for the petitioner, Sri Shiv Kumar Mishra and Sri Rahul Mishra, learned counsel for legal heirs of respondent No.1 and Sri Divesh Mishra, learned Standing Counsel for respondent Nos.4, 5 and 6.
2. By means of the present writ petition, the petitioner has prayed as under :-
"(i) to issue writ of certiorari quashing order Annexure No.1 dated 8.12.96 passed by opposite party No. 4 which is perverse order and has
been passed having no primary and secondary evidence on record.
(ii) to issue writ of Mandamus directing opposite parties No. 1 to 3 not to
interfere in the peaceful possession of the petitioner, the land in dispute.
(iii) to issue of writ of certiorari quashing Anexure No.2 passed by opp. party No. 5
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 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 main legal point established in the judgment is the requirement for evidence to prove the existence of local tribal or family custom permitting the adoption of a female child under ancient Hindu ....
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.
Adoption requires strict adherence to legal prerequisites, including consent from both biological parents, making an invalid registration insufficient for legitimacy.
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.
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 ....
An adoption deed executed prior to mandatory registration requirements is valid and does not necessitate stamping or registration for property rights.
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