Court affirms that mere execution of a deed without mandatory adoption ceremonies renders it legally void.
In a recent judgment, the Rajasthan High Court upheld the decisions of the lower courts, declaring an adoption deed void due to non-compliance with the essential ceremonies required under Hindu law. The case involved an appeal by Hari Ram, whose adoption by Chunni Devi was challenged on the grounds of fraud and failure to conduct the necessary ritual of giving and taking the child, as mandated by the Hindu Adoptions and Maintenance Act, 1956.
The appellant, Hari Ram, contended that he was adopted voluntarily by the respondent, Chunni Devi, and the adoption deed was executed lawfully. However, the respondent claimed that the deed was obtained through deceit and misrepresentation, without performing the essential adoption ceremonies. The trial court and the appellate court had previously ruled in favor of the respondent, leading Hari Ram to approach the High Court under Section 100 of the Civil Procedure Code, 1908, seeking a reversal of the concurrent findings.
Justice Farjand Ali, presiding over the case, emphasized that the jurisdiction of the High Court in second appeals is limited to substantial questions of law. The court reiterated that findings of fact by lower courts should not be disturbed unless shown to be perverse or contrary to law.
In its judgment, the High Court agreed with the lower courts that the adoption deed dated 20.07.2009 lacked legal sanctity as it did not document the mandatory ceremony of giving and taking, which is crucial for a valid adoption under Hindu law. The court also noted that the appellant remained under the care of his biological parents, further questioning the validity of the adoption.
The judgment also addressed the issue of multiple adoptions, pointing out that if the appellant was indeed previously adopted by another individual, a subsequent adoption would be impermissible.
Ultimately, the High Court dismissed the appeal, affirming the findings of the trial and appellate courts that the adoption deed was fraudulent and void, as it failed to meet the statutory requirements of a valid adoption.
Bottom line:-
Hindu Adoptions and Maintenance Act, 1956 - For a valid adoption, the mandatory ceremony of giving and taking the child must be duly established through cogent evidence. Mere execution of an adoption deed without proof of compliance with essential rituals and customs does not confer legal sanctity upon the adoption.
Statutory provision(s): Hindu Adoptions and Maintenance Act, 1956 Sections 6 and 11, Civil Procedure Code, 1908 Section 100
Hari Ram v. Chunni Devi, (Rajasthan) : Law Finder Doc id # 2902692
