Allahabad High Court Upholds Validity of Registered Adoption Deed in Compassionate Appointment Case

Administrative Authorities Cannot Invalidate Registered Adoption Deeds, Rules Court

In a significant ruling, the Allahabad High Court has quashed the rejection of a compassionate appointment application based on the validity of a registered adoption deed. The judgment was delivered by Justice Shree Prakash Singh, reinforcing the principle that administrative authorities lack the power to question the validity of registered adoption deeds, which can only be challenged in a competent civil court.

The case involved petitioner Shanu Kumar, the adopted son of the deceased municipal employee Ramesh, who sought a compassionate appointment under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. His application was initially denied by the Municipal Commissioner of Lucknow on the grounds that the adoption deed was invalid due to age discrepancies in accordance with the Hindu Adoptions and Maintenance Act, 1956.

The court observed that the petitioner, as an adopted son, is entitled to all rights conferred by a registered adoption deed unless disproved by a civil court. It emphasized that under Sections 12 and 16 of the Hindu Adoptions and Maintenance Act, 1956, an adopted child is deemed the child of adoptive parents for all purposes, and a registered adoption deed is presumed valid unless nullified by a competent court.

Justice Singh noted that the administrative authority overstepped its jurisdiction by assessing the validity of the adoption deed, which is beyond its quasi-judicial powers. The court directed the Municipal Corporation, Lucknow, to reconsider the compassionate appointment claim within two months, affirming the petitioner's status as an adopted son.

The ruling underscores the protection of rights for adopted children under the Hindu Adoptions and Maintenance Act, 1956, and reiterates the limited scope of administrative authorities in legal matters involving registered documents.

Bottom Line:

Administrative authority cannot question the validity of a registered adoption deed; only a competent civil court has the authority to disprove or cancel the registered adoption deed.

Statutory provision(s): Hindu Adoptions and Maintenance Act, 1956 Sections 12, 16, Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974

Shanu Kumar (Adopted Son) v. Nagar Ayukt Municipal (Commissioner), (Allahabad)(Lucknow) : Law Finder Doc Id # 2822078