Presumption of Validity under Section 16 of Hindu Adoptions and Maintenance Act Reaffirmed
In a significant ruling, the Allahabad High Court's Lucknow Bench has set aside the orders of the appellate and revisional courts, reaffirming the presumption of validity of a registered adoption deed under Section 16 of the Hindu Adoptions and Maintenance Act, 1956. The case, titled "Ram Kumar v. Narain," involved a legal tussle over the adoption of Ram Kumar by Ram Asrey, which was supported by a duly registered adoption deed.
The court, presided over by Justice Irshad Ali, emphasized that a registered adoption deed carries a statutory presumption of validity. This presumption stands unless disproved through independent proceedings, a principle enshrined in Section 16 of the Hindu Adoptions and Maintenance Act. In the absence of any such challenge by the respondents, the court found the orders of the lower courts unsustainable.
The petitioner, Ram Kumar, had sought the quashing of orders dated December 8, 1996, and May 8, 2000, passed by the Sub Divisional Officer and the Commissioner, Faizabad Division, respectively. These orders had questioned the validity of the adoption deed, despite no independent proceedings being initiated to challenge it.
The court underscored that reasons are the "heartbeat of judicial conclusions," and the absence of recorded reasons in doubting the adoption deed rendered the lower court orders lifeless and legally unsustainable. Justice Ali highlighted that the appellate and revisional courts had based their conclusions on assumptions rather than concrete evidence, further undermining their judgments.
The judgment reiterated the legal framework that places the burden of disproving a registered adoption deed on the party challenging it. The presumption of validity under Section 16 shifts the onus to the challenger once the adoption deed is presented. The court noted that this presumption was not rebutted by the respondents, making the lower court's findings erroneous.
In supporting his decision, Justice Ali referred to several precedents, including the Supreme Court's rulings in "Laxmibai v. Bhagwantbuva" and "Mst. Deu v. Laxmi Narayan," which reinforce the legal principles surrounding adoption and the presumption of registered documents.
The ruling is a reminder of the legal sanctity attached to registered adoption deeds and the procedural requirements necessary to challenge such documents. The court's decision is expected to have wider implications for similar cases, reinforcing the statutory provisions that safeguard the validity of registered adoptions.
Bottom Line:
Presumption under Section 16 of the Hindu Adoptions and Maintenance Act, 1956, makes it mandatory for the court to presume the validity of an adoption deed duly registered unless disproved through independent proceedings.
Statutory provision(s): Hindu Adoptions and Maintenance Act, 1956, Section 16
Ram Kumar v. Narain, (Allahabad)(Lucknow) : Law Finder Doc Id # 2822828
