Limitation Act, 1963, Article 57, Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Limitation - Suit for declaration that adoption deed is null and void - Suit filed eight years after execution of adoption deed, is barred u/art 57 of Limitation Act - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit dismissed while allowing application U.O.7.R.11 CPC only on the ground that relief of declaring petitioner as an adopted son cannot be granted by revenue Court, as revenue Court has no jurisdiction to decide the issue of adoption - However, petitioner is ready to delete this relief prayer,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that Will and adoption deed is null and void - Attesting witnesses of Will could not identify the person/testator whose photograph was affixed on Will - None of parties to Will and adoption deed appeared before Tehsildar and they did not know parties personally and nor any ceremony of adoption took place in..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 38, Adoption Regulations, 2017, Rule 7 -- Declaration as to child free for adoption - Live-in-relationship couple - Child to be treated as born to a married couple - Mother of child executed deed of surrender and gave child in adoption - U/r 7 of Adoption Regulations, if a child born to a married couple..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Adoption - Declaration as to valid adoption, on appreciation of evidence, can be made by Civil Court and not by Revenue Court...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that adoption deed is void - Maintainability - Adoptee was 32 years of age at the time of adoption and age difference between adopted mother and adoptee was less than 21 years - Adoption was void in eyes of law - Suit for declaration thus, definitely appropriate remedy to question validity of such an illegal..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard to same facts or issues due to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration regarding adoption - Not required to be filed by a person having registered adoption deed...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Challenge to adoption deed by natural guardians - Relief of custody of child prayed by natural guardian is a consequential relief to declaration sought by them to declare deed of adoption as null and void - It is civil Court and not Family Court under Family Court Act, 1984, which has jurisdiction...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Suit for declaration that adoption deed in question is void, illegal and inoperative in law - Adoption deed is duly registered - A declaratory decree regarding validity of adoption was already taken by adoptee in his favour and adopting father had admitted factum of adoption - Concurrent findings of trial..........
