Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiffs are claiming ownership on the basis of adoption - Adopted son having adverse decree twice affirming that he was not the adopted son - Plaintiff deliberately omitted to disclose this crucial fact - There exists no valid cause of action to initiate the suit - Plaint rejected...........
Will -- Suspicious circumstance - Execution of Will in favour of adopted son to the exclusion of grandson (son of deceased daughter of testatrix) - Grandson was residing with testatrix at the time of adoption and testatrix performed his marriage - Disowning of her grandson by testatrix is thus, a suspicious circumstance which remained unexplained, particularly when he was..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed - Mere registration of adoption deed did not absolve the person asserting such adoption from proving that fact by cogent evidence and person contesting it from adducing evidence to contrary...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed - PW1/guardian of adopted child was not present at adoption ceremony - There is no clinching evidence that woman in photographs was in fact adoptive mother - No convincing evidence of actual giving and taking of child in adoption - Purohit stated that adoption ceremonies were..........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Effect of adoption - All the ties of person who goes for adoption are deemed to be severed for all purposes with his natural family...........
Custody of child -- Claimed by mother - Child is in custody of Child Welfare Committee, as mother had some issues in taking care of child - Mother intends to give child in adoption to prospective parents - Neither prospective adoptive parents nor specialized adoption agency or biological mother of child has received or agreed to receive any payment or reward or..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Inability to bear a child is neither impotence nor any ground for dissolving the marriage - Such possibility of inability to bear a child may be part of marital life of anybody and parties to a marriage may resort to other means for having child such as adoption - Divorce is not provided as per Hindu..........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Effect of adoption - Vested interest - Word `vested' means property already vested in a person in the family of his birth before his adoption but not unspecified coparcenary interest...........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Effect of adoption - Vested interest - Adoptee on adoption ceases to be coparcener of his/her birth and forgoes interest in ancestral property in the family of his birth - Only if a partition has taken place before adoption and property is allotted to his share or self acquired, obtained by Will, inherited..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 57(3) -- Adoption of child - Adoption cannot be denied on the ground that prospective parent is a single lady and a divorcee and she being a working lady will not be able to give personal attention to the child - Single or divorced person is eligible for taking a child in adoption...........
