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JAVED IQBAL WANI
Dewan Chand – Appellant
Versus
Chuni Lal – Respondent
ORDER
In the instant civil second appeal, the appellant herein has challenged judgment and decree dated 30.03.2000 passed by the court of Sub Judge, Reasi (for short the trial court) in case tilted as “Chandu vs. Chuni Lal and another” and judgment and decree dated 14.07.2006 passed by the court of Additional District Judge, Reasi (for short the appellate court) in case titled as “Dewan Chand vs. Chuni Lal and another”.
2. Facts giving rise of the filing of the instant appeal reveal that one Chandu substituted by the present appellant, filed a suit for declaration and injunction before the trial court for setting aside an Adoption Deed dated 12.02.1985, whereunder the said Chandu was claimed to have adopted respondent 2 herein in adoption, was alleged to have been got executed fraudulently and on misrepresentation of facts by the defendants/respondents herein, stating further that in fact, no adoption had taken place, in that, the ceremonies of giving and taking were never performed, inasmuch as, the defendant 2/respondent 2 herein never lived with the said Chandu.
3. The defendants in the suit and respondents herein in response to the summons issued by the trial court appeared and
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.
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 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....
(1) Second Appeal under Section 100 of CPC can only be entertained on a substantial question of law – High Court should be satisfied that case involves a substantial question of law, and not a mere q....
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.
A second appeal under Section 100 CPC is restricted to substantial questions of law, not factual re-evaluations. Valid proofs for claims such as adoption must meet statutory requirements for recognit....
Adoption – Custom has to be pleaded and proved - Appellants have not brought any particular precedent.
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